Determining what is marital property and what is separate in a divorce can be both complex and costly. What you expect going in may not be what you get coming out. In California, you can determine in advance how assets will be divided by creating a prenuptial or postnuptial agreement.
Attorney Lisa Brandon at Brandon Law Group brings decades of experience to crafting prenuptial and postnuptial agreements (also known as premarital and postmarital agreements). From our law office in Seal Beach, we represent clients throughout Los Angeles and Orange counties. Call 562-901-9800 for a free half-hour consultation.
A prenuptial agreement is a contract you and your fiancé(e) enter into prior to marriage. A postnuptial agreement is one you enter into during your marriage. These agreements are enforceable in California, but only if they are properly crafted. For example, you should enter into a prenuptial agreement before the marriage date is set and you send out invitations. If you have already set a date, the agreement will need special language or it may be seen as entered into under duress — and be unenforceable. Each side should be represented by a lawyer.
You may want a prenuptial agreement for many reasons. Here are a few:
- To ensure that assets you bring to the marriage will remain your separate property
- To determine how assets acquired during the marriage will be divided
- To determine whether one party should pay alimony to the other
- To protect the financial interests of children from a first marriage
Spouses may wish to enter into a postnuptial agreement if they want to remain married, but wish to complete a division of marital property and determine alimony payments.
For More Information About Prenuptial And Postnuptial Agreements
We offer a free, 30-minute lawyer consultation to discuss premarital and postmarital agreements. Call 562-901-9800 or complete our simple contact form.