Orange County Prenuptial Agreement Lawyer

While it can be difficult to think about divorce before marriage, many couples choose to secure a prenuptial agreement to safeguard their marriage if the relationship ends up not working out. This can help to add a layer of security for both parties in the marriage to feel comfortable that they will not lose specific assets that are important to them if a divorce becomes inevitable. To secure these agreements, hiring an Orange County prenuptial agreement lawyer is advised.

At The Goldberg Legal Group, our Orange County family law attorneys bring extensive knowledge of prenuptial agreements and California law to the table. This helps to ensure that no details are overlooked when determining how assets and debts will be divided during a divorce. This can prevent unexpected surprises and unnecessary disputes from occurring in the future.

What Is a Prenuptial Agreement?

A prenuptial agreement is a legally enforceable document that dictates how specific marital assets and debts will be divided during a divorce. Making these decisions beforehand will override the opinions of a judge and jury in many instances. If a prenuptial agreement does not exist, the court will have the final say in how marital assets and debts are divided. This can cause hostility and resentment if each spouse is unsatisfied with the final outcome.

What Is Included in a Prenuptial Agreement?

Every prenuptial agreement is unique and specific to the two parties involved. They can make decisions on how much or little they feel comfortable agreeing to in advance of their marriage. While provisions on child support, paternity, and custody are not included in these agreements, some of the most common items include:

Division of Property

Having a prenup created before marriage can make both parties feel comfortable knowing how their marital and separate property will be divided if they ever have to divorce. Within this agreement, all separate property that each individual brings into the marriage will be documented, such as real estate properties or savings accounts. It will also detail how new assets acquired during the marriage, like retirement benefits or new vehicles, will be divided. Seek more help from our Orange County property division lawyers.

Spousal Support

Couples can agree to a spousal support amount and duration in a prenuptial agreement. For example, if one spouse makes significantly less money than the other spouse, they can agree beforehand that the higher-earning spouse will pay a certain amount of money per month until the other spouse establishes themself independently. They can also include a provision that if the lower-earning spouse begins to make more money during the marriage, this can be voided.

Debt Responsibility

Many people forget that splitting debts after a divorce is just as important as splitting marital property. The justifications for debt allocation can be made in advance of a marriage through a prenuptial agreement as well. This can include credit card balances, student loan debt, and loans on a car or home. One common debt agreement made in prenuptial agreements is that each spouse will continue to own their debt in their own name after a divorce.

Estate Affairs

Prenups include details on how certain family inheritances will be divided or the impact estate planning can have on a divorce. It can detail what specific marital assets will be designated to pre-identified heirs or beneficiaries. For example, the couple may want to ensure that their shared home or certain family heirlooms are given to their children. If the couple owns a business together, a prenup can also state that one spouse acquires the full business if the other one dies.

Retirement Benefits

Both spouses rely on the contributions they make to their retirement accounts over time, and it can be a scary thought to think some of these funds will be lost during a divorce case. California considers retirement benefits to be community property.

Both couples can agree that their own individual contributions will still be theirs after a divorce to safeguard these contributions. This can help both parties feel comfortable that their futures are financially sound, even if the relationship begins to fall apart.

Orange County Prenuptial Agreement FAQs

Q: What Is the Average Cost of a Prenuptial Agreement in Orange County?

A: The final cost to create a prenuptial agreement in Orange County, CA will depend on how complicated the agreement is and how long an attorney spends finalizing its details. Straightforward agreements with minimal assets and clear division terms agreed to by both spouses are characteristics of less expensive prenuptial agreements. When more complicated assets are involved, like a shared business or complex financial arrangements, the final cost can increase.

Q: How Much Money Is Worth Getting a Prenup?

A: There is no set amount required to secure a prenuptial agreement before getting married. Rather, it is dependent on both spouse’s financial situations and goals. Many times, when two individuals bring significant assets to a marriage, like a business or family inheritance, they are more likely to want to secure a prenuptial agreement. This is also true in instances of high-income earning spouses or when someone has children from a previous marriage.

Q: Is It Possible to Secure a Prenuptial Agreement in Orange County Without a Lawyer?

A: While it is possible to finalize a Orange County prenuptial agreement without a lawyer, it is generally not advised. These legal professionals bring a valued set of knowledge and experience in the marriage and divorce space to help ensure no details are overlooked when developing a prenuptial agreement. Even overlooking the smallest of details could have a huge unintended impact during a divorce, causing someone to lose a valued asset they didn’t need to.

Q: What Should Be Included in a Prenuptial Agreement?

A: Each prenuptial agreement should include a detailed list of all separate assets that both parties are bringing into the marriage. It also needs to detail exactly how each of these items would be split if the couple were to ever divorce. This should include real estate properties, various financial investments, and other personal items like a vehicle or expensive jewelry. It can also include provisions for future decisions that need to be made, like who will pay spousal support.

Contact The Goldberg Legal Group Today for a Prenuptial Agreement Evaluation

If you are interested in securing a pre- or postnuptial agreement in California, connect with the family law attorneys of The Goldberg Legal Group today. For years, we have been creating solid premarital agreements for couples to help them feel safe and secure entering the marriage, knowing their valued assets are protected. To secure this same sense of security for your own marriage, contact us today to begin the prenuptial agreement or modification process.