California Marital Agreements
Sarieh Law Offices helps clients in Los Angeles and Orange County negotiate marital agreements, including prenuptial and postmarital agreements, so they may enter into marriage or continue their marriage with peace of mind and security that each party will be taken care of and not taken advantage of in the event of a divorce or legal separation. Marital agreements are most often sought when one party to the marriage has significantly more assets or wealth than the other party. A premarital agreement may also be desired when one of the spouses has been married before and when through a bitter divorce; a person who went through this experience once may require some reassurance before being ready to try marriage again.
Marital Agreements in California
A prenuptial or premarital agreement is a contract between a couple contemplating marriage or registering a domestic partnership with the state. With a prenuptial agreement, the parties can decide in advance how issues such as the community property settlement or the payment of spousal support will be handled in the event divorce, legal separation, or death or some other event. Premarital agreements may also address other matters such as wills, trusts, life insurance policies, and death benefits. The right to receive child support cannot be adversely affected by a prenuptial agreement, and the terms cannot be written in such a way that it would encourage divorce.
In order to be valid under California law, a prenuptial agreement must be in writing and signed by both parties. Furthermore, it must be based on a full and fair disclosure of both parties' assets and debts, and each party should either be represented by their own attorney or have the opportunity to submit the agreement to a lawyer for review before they sign it. For help from an Orange County marital agreement lawyer, call Sarieh Law Offices for family law attorney in Santa Ana who can provide you with advice and assistance in negotiating, drafting or reviewing a California martial separation agreement.
A postmarital agreement, also called a postnuptial agreement or simply a marital agreement, is similar to a prenuptial agreement, except that it is created at some point after the spouses have already married. One party may have felt uncomfortable about bringing up the subject of a prenuptial agreement before marriage, or circumstances may have changed during the marriage so that a great income disparity has arisen, or one spouse has become financially dependent on the other after leaving the workforce for a period of years to raise the children. Or the parties may have a valid prenuptial agreement in place that no longer meets their needs and should be replaced with an updated post-marital agreement. A marital agreement can do all the things a prenuptial agreement can, and it must meet all the same requirements for a prenuptial agreement to be valid.
Orange County Marital Agreement Attorney
For assistance with a prenuptial or postnuptial marital agreement in Irvine, Santa Ana, or anywhere in Orange County or Los Angeles, contact Sarieh Law Offices for a free initial consultation.