The last thing that prospective spouses want to discuss is the possibility that their marriage will end, and the plan and contingencies related to that kind of worst-case scenario. However, if a couple cannot have meaningful conversations regarding money, property, and finances before marriage, the probability of success for their marriage may be slim.
At TRABOLSI | LEVY | GABBARD LLP, you can learn about the financial benefits of entering into a prenuptial agreement. There are many important legal issues that a prenup can address beyond the rights and responsibilities of the parties regarding their wealth and financial interests in the event their marriage ends through death or divorce.
A prenuptial agreement is a contract that prospective newlyweds enter into before getting married. The terms of a prenuptial agreement are effective and binding after the parties are legally married. Typically, prenuptial agreements govern financial issues between the parties but do not cover any issues regarding child custody.
- The main benefits of a prenup include the protection of assets, the avoidance of an ugly and drawn-out divorce, and clarity for future decisions.
- For a prenuptial agreement to be valid it must be in writing, signed by both parties voluntarily, and each person must have had equal access to an attorney. In all prenup contracts, you and your soon-to-be spouse must disclose all assets and debts that will be brought into the marriage.
- In general, prenuptial agreements last as long as the marriage itself. There are only a few times where sunset clauses can modify the document. These are instances where talking with our law firm is in your best interests.
A postnuptial agreement from our lawyers is similar to a prenuptial agreement, but it is drafted after a couple marries or enters into a registered domestic partnership. Just like a prenuptial agreement, a postnuptial agreement can help couples plan financially, and in the event of a separation, a postnuptial agreement can help make the dissolution go more smoothly.
- Postnup validity also relies on a few factors being true. These include that it must be a written document, entered into voluntarily, and the terms are fair for both sides.
- The provisions of the agreement are generally the same as prenups, with child custody preferences not permitted.
- Not all postnups are meant for divorce. A common reason couples draft postnuptial agreements is to gain closure and legal clarity on each spouse's wishes. A postnup can also protect you from a spouse that has shown reckless behavior through their actions or decisions. For example, if he or she was charged with multiple DUI's that put stressors on both the relationship and finances.
- There are two common scenarios in which a postnuptial agreement may not be for you. The first is when there is a large gap in income between the two spouses. If you were to divorce, the postnup may not give you what you need to thrive following the proceedings. The second scenario is if one spouse was not given enough time to fully examine the document. A judge would still enforce the agreement even if you were to explain that you did not understand what you were signing.
Transmutation agreements are used to change the characterization of a specific property (for example, from community property to separate property, or from separate property to community property). A valid and enforceable transmutation agreement must meet very specific requirements under California law, which is where the knowledgeable assistance of our experienced Los Angeles prenup lawyers can guide you through the process.
You can count on our team at TRABOLSI | LEVY | GABBARD LLP to help you with the following matters:
- Determining whether a marital agreement is appropriate in your case
- Forming a valid prenuptial or postnuptial contract
- Reviewing the provisions of a prenup or postnup
- Drafting an effective prenup or postnup
- Questions of enforcement
Consult an Experienced Prenuptial Agreement Attorney in Los Angeles
If you have questions or concerns regarding your legal rights and responsibilities with regard to a prenuptial, postnuptial, or transmutation agreement in California, you should seek the advice of an experienced attorney from TRABOLSI | LEVY | GABBARD LLP. Our Los Angeles prenuptial agreement lawyers are dedicated to promoting your legal interests while protecting your financial interests and rights. We provide personalized legal solutions that account for the unique aspects of your marriage and individualized goals for the future.
If you would like to discuss your specific concerns with one of our Los Angeles divorce advocates, we invite you to call our law office at (310) 455-8364 or complete this online request form today. We serve clients throughout California.