Trusted California Attorney Assists with Prenuptial & Postnuptial Agreements
You already have a prenuptial agreement. It was written by the Government. Control your own marriage regarding property and debts with a prenuptial agreement.
California Prenuptial Agreements: A Plan for Both Partners
Can a Prenup Help a Marriage? Yes, Because It Helps You Start with Clarity.
A prenuptial agreement can help couples begin marriage with a clearer understanding of their finances, expectations, and priorities. Discussing property, debt, and financial responsibilities before the wedding gives both partners a chance to ask questions, raise concerns, and decide together what feels fair.
You already have a prenup, but the government wrote it. Do you know what those rules are? Do you know what the Moore Marsden Rule is? Do you know whether your spouse gains a community interest in a house you already own before marriage?
If you marry without a prenup, California law supplies the default rules for all the financial issues if the marriage ends in divorce or in death. A prenuptial written agreement lets you and your future spouse consider terms suited to your circumstances.. A prenup does not predict divorce or guarantee a lasting marriage. It can help you talk through difficult questions while you have time to consider them together.
A prenup can be useful even when neither person considers themselves wealthy. Couples may want to clarify how property or debt brought into the marriage will be treated, how a business or future income will be handled, or whether and how spousal support may be addressed under California law. Those discussions can matter when either person owns a home or business, has significant debt, expects an inheritance, has children from a prior relationship, or plans to change careers or take on caregiving responsibilities.
Nervous About Asking Your Partner?
Bring up the subject early, when there is time for a thoughtful conversation and independent legal advice. You might say:
“I care about our future, and I’d like us both to understand the financial rules California law would apply if we married without an agreement. Could we talk about whether a prenup would make sense for both of us?”
What If Your Partner Says No?
Start by asking what concerns them. They may worry that a prenup signals distrust, gives one person an advantage, or asks them to give up important rights. Listen to those concerns and discuss what terms would feel fair to each of you.
Each person should have the opportunity to get independent legal advice and enough time to review the proposed agreement. No one should be pressured to sign. If you cannot agree, you can decide together whether to marry without a prenup, knowing that California’s default rules will apply.
Experienced lawyer drafts and enforces marital agreements in the Woodland Hills area
Many couples choose to create prenuptial (also known as premarital) agreements before they wed. Learn more about the benefits of prenuptial agreements here. Less common but just as effective are postnuptial agreements drafted after marriage. Executing a prenuptial agreement allows you and your fiancée to decide how you wish your assets and debts to be divided in the event of a divorce or legal separation. Parties can also address spousal support in a premarital agreement. Under the law no child support or child custody issues may be addressed in a premarital agreement. Galen Gentry works with couples in the Los Angeles area and throughout Southern California to create fair and enforceable legal agreements that protect their interests.
Thorough Los Angeles Attorney advises clients on protecting their assets
In most situations one party wishes to present a prenuptial agreement to the other party. The party who desires the agreement hires a lawyer to draft it. The party to whom it’s presented should seek their own counsel to review the proposed agreement.
- A prenuptial agreement typically lists all of the property each person owns (as well as any debts) and specifies what each person’s property rights will be after the marriage
- Often the agreement states that the separate property of each party will remain separate property and the assets obtained during marriage will not be community property
- The agreement may specify how finances and assets will be handled during the marriage
- The agreement may specify spousal support terms
- The agreement may address business ownership issues
- The agreement may specify what happens with disability and other insurance coverage
Skilled attorney handles challenges to prenuptial agreements
Premarital and postnuptial agreements are legal contracts that are enforceable by law and can prove challenging to contest later. In the event that you signed an agreement and now wish to challenge it, I can advise you on your options and likelihood of success.
- You may have valid grounds for challenging the agreement if any of the following occurred:
- Your spouse did not disclose all of his or her assets or debts
- You were unfairly pressured into signing the agreement
- You were deceived into signing the contract
Experienced family law attorney provides the following services
- Draft Prenuptial Agreements (before marriage)
- Draft Postnuptial Agreements (during marriage)
A postnuptial agreement is a voluntary marriage contract between spouses that is created after their wedding. - Draft Cohabitation Agreements (living together without marriage)
A cohabitation agreement is a voluntary contract between two individuals that are or will be living together for a long period of time, but not in a marriage arrangement. - Review Prenuptial, Postnuptial and Cohabitation Agreements Mr. Gentry will review the agreement that was presented to you and discuss the differences between your marital rights and obligations under the California Family Code and under a prenuptial agreement.
- Amend Prenuptial, Postnuptial and Cohabitation Agreements Mr. Gentry can draft an amendment to your agreement if your the parties desire modifications.
- Litigation of Prenuptial, Postnuptial and Cohabitation Agreements If necessary, Mr. Gentry can litgate your matter in court. Mr. Gentry represents clients who wish to contest the validity of agreements and represents parties who wish to enforce the terms of their prenuptial or postnuptial agreement.
- True Flat Fee Pricing: No hidden costs or charges for drafting prenuptial agreements and postnuptial agreements
Contact Expert California Family Law Attorney Galen Gentryfor help with marital agreements
Galen Gentry assists clients in Los Angeles and Southern California with drafting, reviewing and enforcing prenuptial and postnuptial agreements to protect their interests. Call at (310) 282-7521 or contact us online using the Orange form on the right of your screen to schedule a free consultation.