Protecting Against The Consequences Of Divorce

You and your spouse-to-be may seem to enjoy a relationship that is the envy of all your friends. You cannot imagine anything coming between the two of you. You are getting ready to share your lives with one another and look forward to your future together.

We get it — no one plans to fail. Ending a relationship is not about failing. It is about new beginnings and opening a new chapter of your life on the right foot. Advanced planning can help you do just that.

At TRABOLSI | LEVY | GABBARD LLP, our attorneys help couples plan for the future. We help you and your spouse create the documents that you would need to help you overcome the potential challenges of a divorce. With our decades of experience in family law, we can provide you with a comprehensive review of your situation and help you determine what you need to do to protect yourself from the consequences of divorce.

The Advantages Of A Prenuptial Agreement

You may have heard people use the term prenup before and not understand what it means, or how it may be used to your advantage. In a prenup, the couples discuss the division of marital assets and debts as well as custody and parenting time concerns.

These agreements are extremely important, because they can help alleviate the divorce process in your situation. Under California law, all property that you accumulate during the marriage is considered as belonging to both spouses. This means that your retirement accounts, your investments and your salary may be fair game in the event of a divorce. Additionally, courts determine custody in what they feel to be in the best interests of the children, which may be completely against your specific wishes.

With a prenup, you can discuss how certain property should be divided in a divorce. Certain items can stay with you or your spouse, depending upon what is most important to each of you. You can discuss and agree upon a parenting time plan that can prevent a lengthy dispute from having to go to trial. In short, you can save yourself a tremendous amount of time, money and frustration by planning ahead.

Prenuptial agreements are an important financial planning tool for couples. Today, as couples often marry after they have established their careers, each of them may own their own property. Few spouses-to-be want to simply give up their separate property, but many people do not realize the full consequences of marriage on their property under California law.

Further, the hard reality is that more than 50 percent of marriages end in dissolution.
Expensive, complex problems can arise in a dissolution action because parties fail to consider the possibility of divorce before marriage and fail to take the steps necessary to protect what they may already own.

A prenuptial agreement can greatly assist in determining property division in the event of a divorce or dissolution of a domestic partnership. We believe that once both parties have completely disclosed their assets and liabilities, a couple can work together to reach an economic understanding. Proper premarital planning can also significantly reduce the time and money involved should the marriage or domestic partnership break up.

Drafting enforceable prenuptial agreements requires knowledge of contracts and family law. The family law specialists at TRABOLSI | LEVY | GABBARD LLP, know the law, and we ensure that all relevant assets are covered by the prenuptial agreement and that all the proper procedures have been followed to make the agreement enforceable. Our attorneys advise our clients to develop these agreements as soon as they decide to marry in order to eliminate questions about the timing of the contract.

Want To Learn More?

If you would like to discuss what options are available to you, we invite you to reach out to our lawyers by calling our Los Angeles office at 310-453-6226 or by sending us an email to arrange your consultation.