Prenuptial Agreement Attorney in Los Angeles & Orange County

Prenuptial agreements are valid and enforceable written contracts in the State of California if certain procedures are followed. A prenuptial agreement is commonly referred to as a prenup or premarital agreement and the words are used interchangeably. Prenuptial agreements in Los Angeles County or Orange County are useful tools to allow the parties to specify how property would be divided in the event of a divorce. Prenuptial agreements allow the couple to specify how retirement accounts, IRA’s, brokerage accounts and other assets of a complex nature such as business interests will be divided in the event of a divorce and will prevent costly litigation of these issues in Los Angeles County Superior Court or the Orange County Superior Court upon dissolution of marriage.

Other important benefits of a prenuptial agreement include the fact that it allows the couple to specify either party’s right to spousal support, the amount of any spousal support and the duration of time that spousal support will be paid. In the event of a divorce these issues would likely be heavily litigated and costly to both parties. A prenuptial agreement may also provide the parties protection from their spouses’ premarital creditor’s. In the event that your spouse becomes insolvent or incapacitated your financial interests will be protected. A prenuptial agreement can keep your financial matters separate and private from the other spouse during and after marriage. Finally, a prenuptial agreement can also keep your personal financial information out of the Los Angeles County Superior Court or the Orange County Superior Court in the event of a divorce.

Prenuptial agreements do have some limitations in both the Los Angeles County Superior Court and the Orange County Superior Court. A prenuptial agreement may not limit the amount of child support below the State of California Guideline amount which is discussed under “Child Custody & Child Support”. A Prenuptial agreement may not limit any parties right to custody or visitation children. Prenuptial agreements also may not violate public policy or require any party to violate any law.

Prenuptial agreements would be helpful to all parties regardless of their financial situation. In the event of a divorce proceeding in either Los Angeles County or Orange County a prenuptial agreement will save both parties considerable time and attorney’s fees which would otherwise be required to litigate the issues specified in the Prenuptial agreement.

If you are already married and do not have a prenuptial agreement you may benefit from a post nuptial agreement which can specify the same matters lawfully set forth in a prenuptial agreement.