Orange County Prenuptial Agreement Lawyer

Overview of Orange County Prenuptial Agreements

Prenuptial agreements, also called prenups, are contracts between two people who are about to get married or registered as domestic partners in California. These agreements are immensely complex and may become invalid if not done as per the law

California Family Code §1600, the 'Uniform Premarital Agreement Act', relates to prenuptial agreements. Additionally, various precedents of appellate cases determine how the agreement must be prepared or executed.

Overview of Orange County Postnuptial Agreements

Postnuptial agreements are drafted after marriage but before separation, divorce, or death of either spouse. Apart from this, most provisions of postnups are similar to prenups.

Unlike premarital agreements, postnups may not be executed in contemplation of divorce or separation. These contracts are mostly implemented for two functions:

1. Transmutation of Property

   Transmutation, or changing separate property to community property or vice versa.

2. Changes to Prenuptial Agreements

   Amending or revoking a prenuptial agreement.

Requirements for a Valid Prenuptial Agreement in Orange County

Our Orange County prenuptial agreements lawyer understands the grounds that make a premarital contract valid and enforceable. The following grounds must be met:

1. The agreement must be signed by both parties and notarized by a Notary Public.
2. The final agreement must be presented to both parties 7 days before they sign it, which should be before the marriage happens.
3. Both parties must disclose their finances, income, properties, assets, and debts.
4. Both parties must be represented by an attorney
5. The agreement must not be finalized by fraud, coercion, deceit, or duress.
6. Both parties must sign a 'waiver of further disclosure'. This will entail that the information they received from the other party is sufficient for the agreement.

Requirements for a Valid Postnuptial Agreement in Orange County

There are legal prerequisites for post-marital agreements. Firstly, the agreement must be in writing and consented to mutually by both spouses. Oral contracts are invalid.

Moreover, the agreement must not waive or limit the following duties:

1. The right of either spouse to support the other upon separation
2. Supporting the party's minor children
3. Fidelity
4. Any other activity that encourages or promotes the dissolution of the marriage

Post-marital agreements may alter property title and rights, and have significant tax implications. Our Orange County prenuptial agreement lawyers have experience and are ready to guide you on how to execute a postnuptial agreement.

Rights & Duties of Both Spouses Under a Prenuptial Agreement

The California Family Code § 1612 details the rights that a premarital agreement must entail. These are:

1. Rights & duties regarding property
2. The right to buy, sell, exchange, or manage property
3. Each party's right to property related to divorce or separation
4. The right of each party regarding alimony, along with caveats
5. The right of each party to make a will, trust, or other testamentary disposition
6. The right of each party to receive or give life insurance benefits to each other and third parties
7. Choice of law, or which state's law will apply regarding the agreement's validity
8. Any other issue that the parties want to include, which shall not be against public policy

What is the Difference Between a Prenuptial & a Postnuptial Agreement?

Prenuptial and postnuptial agreements are almost similar in terms of function, the primary difference being that while the former is completed before marriage, the latter is filed after the union. The main aim of both these agreements is to protect the assets of both parties if divorce or separation were to occur.

Both parties consent to a negotiated contract for how assets and financial entitlements will be managed and divided. These agreements are only for financial purposes. Issues like child custody or support cannot be a part of a prenuptial or a postnuptial agreement. Any such clause will render the agreement invalid.