Orange County Prenuptial Agreement Lawyer

Prenuptial Agreements are agreements executed between prospective spouses in contemplation of marriage, to be effective upon marriage. They may deal with parties’ present and future property rights, both inter vivos and postmortem, and other related matters incident to the marital relationship.

Postnuptial agreements are agreements executed by husband and wife during the marriage, and affect the rights and obligations incident to an ongoing marriage, both inter vivos and postmortem. This is a broad category, encompassing, among other things, transmutation agreements altering property status. The validity and enforceability of such agreements depends on compliance with applicable statutes, and are generally subject to rules controlling the actions of persons within a confidential relationship.

Fiduciary/confidential relationship spouses are subject to a duty of the highest good faith and fair dealing, whereby neither shall take any unfair advantage of the other. No premarital agreement, marital agreement, or marital settlement agreement may abridge the parties’ statutory child support obligations.

Marital agreement (contracts) are voidable on grounds of “menace” or “duress” to the extent a party’s threats or coercion operated to prevent the other party from exercising free will. Even though independent counsel for both parties is not an essential element, there are many ethical concerns, and it is advised that each party is represented by independent counsel.

There are many requirements for a marital agreement to be valid. Even the most experienced attorney must cross-reference such an anagreement many times to ensure that the contact is not void, and is not voidable in the future. If you are looking for an attorney who will pay attention to the smallest details, please contact Jos Family Law at (714) 733-7066 or jos@josfamilylaw.com.

JOS FAMILY LAW HELPS YOU PROTECT YOUR ASSETS & FUTURE

A common misconception about prenuptial and postnuptial agreements is that they will end up ruining the relationship. But studies have shown that in most cases it actually helps couples stay together for the long-term. Our prenuptial and postnuptial agreement attorney in Orange County can help you secure your future by protecting your assets and interests in the case of divorce or separation.

Whether you want to protect yourself from a spouse’s debt, protect your retirement, or ensure your children inherit everything you have, an experienced Orange County prenuptial and postnuptial agreement attorney can help. Jos Family Law will guide you through the process of creating and implementing the right legal protections.

Jos Family Law - Knowledge & Experience You Can Trust

A prenuptial or postnuptial agreement can be created at any point in a relationship, including before or after marriage. One benefit of having an agreement is that it sets expectations early on, so couples don't have to worry about contentious issues during the event of divorce. It's also important to understand how these agreements work so that when you need one, you know where to go.

At Jos Family Law, we take the time to get to know you, your assets, your goals, and what you need out of a legal agreement. Through this personalized approach, we are able to provide customized recommendations that not only protect your assets but allow for the fair distribution of any assets if the worst should happen.

At Jos Family Law, our goal is to help our clients make informed decisions about how they want their future handled as well as protect them from unfortunate circumstances in the present. To know more about prenuptial and postnuptial agreements, call our experts today!

Do I Really Need An Attorney To Write My Postnup?

It is a good idea to have an attorney review your postnup before you sign it. The lawyer will be able to ensure that the agreement is fair and valid in the state of California. They can also help you with any questions or concerns that may come up during the drafting process. Even if you are really confident that you know what should go into the document, having a lawyer look over your agreement for errors could save you from problems later on.

For example, the agreements between spouses sometimes contain provisions about child support or alimony payments. These clauses often include dollar amounts and specific instructions about when these payments are due. However, there are certain requirements for these terms to be legally enforceable. Our Orange County postnuptial agreement lawyer knows how to handle these loopholes. Call Jos Family Law today to know more.

How Does The Signing Process Work?

The signing process can take place anywhere and at any time. Oftentimes, we'll meet with the client at their home or office so they can show us around. After that, we typically review the documents together and then set a time for when both parties will sign them.

Finally, we witness the signatures on behalf of both parties and send everything off to be notarized. The entire process often takes just a few hours or a day once you've signed up with our team of postnuptial agreement lawyers in Orange County!

What Should I Expect?

We like to call it an intimate process. You should expect one lawyer to be present throughout the entire thing & the environment is often very relaxed. We make sure everyone feels comfortable before moving forward with anything too complicated. Plus, we want to ensure you know what you're getting into. It's always best to feel fully informed about your situation ahead of time, so there are no surprises down the line.

What Should I Do If My Spouse Refuses To Sign The Prenup Or Postnup?

If your spouse refuses to sign the prenup or postnup, you can't force them. It's better that they refuse it now than if they refuse it after you've been married for a long time and have built up a lot of assets. Instead, try talking with your spouse about why he or she doesn't want to sign the agreement and what some of your fears might be about not having one. Maybe there are certain provisions in the agreement that need to be changed before it will work for both of you.