A prenuptial agreement is a helpful step a partner can take before marriage. Here’s how to find a prenuptial agreement lawyer in California.
Contrary to popular opinion, drafting and preparing a prenup is not necessarily a costly process. A prenup ensures the distribution of a spouse’s financial property and assets, which is vital to a smooth divorce process. Although you may not need legal help to draft a prenup, hiring a prenup attorney can be a great way to protect the interests of each partner in the event of a divorce and reduces the chance that the court will invalidate the agreement.
What is a Prenuptial Agreement?
A prenuptial agreement, also known as a “prenup,” is a legally binding contract allowing couples to establish property and financial rights before marriage. A prenup can help divide assets and liabilities in the event of divorce. Ultimately, a prenup reduces the likelihood of future legal issues and avoids at least some litigation in the unfortunate event that a marriage fails.
Why Would I Need a Prenup?
Due to the process of dividing assets and liabilities in a California divorce, a prenup can help spouses properly outline property rights.
Reasons you might need a prenup:
- Protect assets from a previous marriage
- Establish financial rights over personal assets
- Avoid conflict over property and business rights
- A wide disparity of wealth between partners
- Support children from prior relationships
- Avoid the burden of a spouse’s debt
Related: How to Enforce a Prenuptial Agreement in California
How Can a Prenuptial Agreement Lawyer Help Me?
Although California permits a spouse to write a prenup without legal assistance, attempting to draft one’s own prenup may complicate the divorce process. A qualified attorney can ensure a prenup’s efficacy and help spouses avoid entering into unfair agreements. A lawyer can help spouses ensure their prenuptial agreement meets stipulations required by California Law.
An experienced attorney can strengthen the validity and enforceability of a prenup in order to ensure the agreement is legally binding and enforceable by a judge.
Finding the Right Prenuptial Agreement Lawyer
When seeking the right prenup lawyer, spouses should consider that experienced attorneys possess the skills needed to understand family, contract, and divorce law. All divorce cases are different, which is why an attorney in that field would best protect partners from the worst-case scenario. A prenup lawyer correctly outlines a strategy to protect each partner’s assets brought into the marriage and those accumulated during the marriage while specifying whether the agreement includes alimony. In turn, finding the right prenup lawyer reduces the likelihood of financial and property disputes during the divorce process.
FAQs About Finding a Prenup Lawyer in California
1. What can a prenup include?
A prenup properly distributes each partner’s assets and liabilities in the event of a divorce, which consists of community property, separate property, and spousal support (also known as alimony). However, a prenup cannot include child support and custody arrangements.
Related: What to Include in a California Prenuptial Agreement
2. Can an attorney create a prenuptial agreement after marriage?
A prenup is a premarital agreement usually agreed upon and signed before marriage. However, an attorney can draft and create a postnuptial agreement after marriage to provide some level of protection to both partners.
3. How much does it cost to get a prenuptial agreement in California?
Some attorneys charge a set fee, others by the hour, and other attorneys may base their price on how complex and intricate the agreement must be. In California, the average cost of a prenup ranges from $2,000 to $6,000 per person.
Related: How to Get a Prenup in California: Prenuptial Agreements
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If you or a loved one would like to know more about how to find a prenuptial agreement lawyer in California, get your free consultation with one of our divorce attorneys today!