Prenuptial & Postnuptial Agreements Attorney Los Angeles
For many Los Angeles couples, a prenuptial agreement is a smart choice. A prenuptial agreement can help you protect premarital assets and plan for the unexpected, as you enter your marriage relationship. The attorneys at Boyd law draft and review prenuptial and postnuptial agreements. Our Los Angeles prenuptial and postnuptial attorneys have also litigated the validity of a prenuptial agreement in a divorce for clients seeking to contest or uphold the existing agreement between the parties.
What are Prenuptial Agreements?
Prenuptial agreements are often considered by individuals who own businesses, or other valuable assets, prior to marriage, and parties who are getting married for a second time and want to preserve their estate for their children. A prenuptial agreement must be substantially fair, and executed in a procedurally fair manner.
A prenuptial agreement is a contract between two people about to wed that spells out how assets will be distributed in the event of divorce or death. Such agreements can vary widely, but commonly the content includes provisions for division of property and spousal support in the event of divorce or breakup of marriage. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery; further conditions of guardianship may also be included.
Legal requirements in California include the Uniform Premarital Agreement Act (UPAA), which has applied to California prenups since 1986. In general, this law states that written prenuptial agreements signed by both parties will automatically become effective once the couple marries. An agreement can cover a couple’s present and future property rights, as well as other matters related to the marriage, but it cannot negatively affect a child’s right to child support, or take away a court’s power to control child custody and visitation after marriage.
What Is a Postnuptial Agreement?
A postnuptial agreement is much like a prenuptial agreement, however it is a contract that is written after a couple gets married, or have a civil union. It is executed to settle the couple’s affairs and assets in the event of a legal separation or divorce.
Postnuptial agreements must be negotiated and drafted with guidance and care of an experience attorney. Under California law married couples have the highest level of fiduciary duty to each other, so that in financial dealings each must act toward the other as a trustee would toward a beneficiary. Like a prenuptial agreement, a postnuptial agreement must be voluntary, signed by both spouses, and cannot contain anything criminal or anything that affects public policy.
At Boyd Law, our postnuptial attorneys in Los Angeles pay close attention to the goals, needs, and circumstances of each our clients when drafting, negotiating and litigating these vital agreements. Some cases of Los Angeles postnuptial agreements, involve spouses who may be going through marital problems, but would be willing to try to work it out if they felt that their assets were protected. If both sides can agree, a postnuptial agreement is an excellent way to preserve the marriage while still recognizing these individual interests.
To be valid and enforceable, every prenuptial or postnuptial agreement must meet the following criteria:
- Be in writing;
- Fully disclose the assets and debts of each party;
- Be fair when entered into;
- Have notarized signatures; and
- Not be against public policy (e.g., a party cannot agree to give up child support).
Prenuptial and Postnuptial agreements are very complex, and must be carefully drafted by a skilled family law attorney who is familiar with California law. The Los Angeles family attorneys at Boyd Law are knowledgeable and understand how prior agreements have been challenged in court. They will draft the agreements carefully so that the language is specific in order to protect the individual from future loss. Contact a Los Angeles prenuptial and postnuptial agreements lawyer from Boyd Law today at (310) 777-0231 if you need a high quality attorney to draft a pre or postnuptial agreement of any type.
“The attorneys at Boyd Law did a great job for me in my divorce. From the initial consultation on they really set themselves apart. I was into my divorce for over a year and for over $20k when I decided it might be time to seek different representation. There is no shortage of divorce attorneys, but finding the best fit for your particular situation can be a challenge. My particular situation involved a prenuptial agreement. My prior attorney had done many things without notifying me and seemed to have almost set my case backwards. The divorce attorneys at Boyd Law listened to what was important to me and went about accomplishing that as efficiently as possible.” – Carolyn