Importance of Preparing Prenuptial Agreements
A prenuptial agreement, also known as a premarital agreement, is a written agreement or contract made by a couple before they are married which generally lists the property, assets, and debts each one has before the marriage and how they will be handled after the marriage takes place. A prenuptial agreement should delineate how property is to be allocated if the couple later divorces or if one of them dies without a valid will or trust which instructs how property is to be distributed to heirs or beneficiaries.
If you are interested in establishing a legal prenuptial agreement, you will need a qualified family law attorney to assist you in its creation and completion. The experienced legal team at our law firm has helped countless clients create prenuptial documents according to the guidelines contained in California law.
California Laws Pertaining to Premarital Contracts
In California, as a community property state, anything that is earned by either partner of a married couple will be split on a 50-50 basis if they should later divorce. It doesn't matter if one is a much higher wage-earner than other or if he or she has more property or assets. If, however, a valid prenuptial agreement has been established, the agreement will override the community property rule.
It is advisable for each spouse to have his or her own independent counsel review the agreement to ensure that it is clear, understandable, and fair and that it's written per state law requirements. This step will help to ensure that a later charge of prenuptial fraud cannot be asserted against one of the parties. That is the service that the distinguished attorney at our firm provides