Leon F. Bennett, Esq.
Los Angeles and Ventura County Pre & Postnuptial Agreements Attorney
Prenuptial or premarital agreements (“prenups”) are contracts between two people who intend to marry, while post marital or Postnuptial Agreements (“postnups”) are those written after a marriage occurs. Both agreements generally list the assets of each party and their rights regarding them. Creating a marital agreement is important for all married couples or couples contemplating marriage who want to avoid expensive and protracted legal battles over family matters and assets in the unfortunate event that a divorce is necessary.
Benefits of a Prenuptial Agreement
Often, a Prenup Agreement works out many issues long before a couple even contemplates divorce including:
If you are getting married and want to protect your existing assets, we highly recommend drafting and signing a Prenuptial Agreement.
Whereas California law states that the assets you have before marriage are presumed to be your sole and separate property, there are a lot of situations that arise for married couples which can cause you to commingle your separate assets with community assets causing great confusion. If this occurs during the marriage then it might be difficult to determine the extent and nature of your separate property. A Prenuptial Agreement can preserve your separate assets despite any commingling that might occur during the marriage.
A Prenup agreement can also protect separate property to pass to children from a prior marriage, clarify the parties’ finances and help avoid disputes in case of divorce.
The agreement can also contain some language outlining California’s custody options if there are pre-existing children in the relationship. This may help if you seek a child custody attorney in Los Angeles down the road.
Benefits of a Postnuptial Agreement
Similar to a Prenuptial Agreement, a Postnup can help work out issues of assets, support and debt or property division that is drafted and signed after marriage has become official. One difference between the two agreements is that in a Postnup, the parties owe fiduciary duties to each other and must ensure they disclose all of the assets and business dealings.
We will help clarify California law when it comes to things like sole and community property to define your separate assets upon entering marriage. Let us help protect your rights and ensure that the agreement you enter into – whether Pre or Postnuptial – will be fair and legally binding.