Prenuptial Agreements

Unfortunately, in the event of a divorce, California has its own set of rules that might put one party in a financially precarious position if we don’t assist them to draft a prenuptial agreement. A basic prenuptial agreement may not address the complexities of each party in a marriage due to the complicated laws.

Even in the most amicable and reasonable marital conditions, a unique prenuptial agreement is essential. The state of California, including Santa Rosa, has some of the oldest and harshest divorce sanctions in the country, which is why a customized prenuptial agreement is needed.

Prenuptial agreements are being signed by more people than ever before getting married. Prenuptial agreements, formerly considered to be primarily for the rich, are increasingly acknowledged as beneficial to persons of all income backgrounds. The expert attorney at Rhodes Law can help you prepare a customized prenuptial agreement according to your needs and circumstances.

Prenuptial Agreements In California

A prenuptial agreement is a contract between two people who are getting ready to get married. It specifies the assets each partner owns and how they will be divided if the couple divorces. It is a type of legal protection that is enforceable in a court of law. California laws state that each party must be represented by an attorney for the prenuptial agreement to be legitimate. Before marriage, some particular deadlines and rules must be followed.

Prenuptial agreements often include all assets and debts that each spouse will bring into the marriage. With a few exceptions, you and your prospective spouse have a lot of influence over a prenuptial agreement when you sign it.

Child support and custody are among the most contentious aspects of the divorce process. Unless the provision is about giving more child support than the court requires one spouse to pay, you won’t be allowed to include provisions involving child support or child custody concerns. You’ll be able to make arrangements for paying for your child’s college education or for providing for an adult child with special needs.

Prenuptial Agreement Legal Requirements In Santa Rosa, California

Prenuptial agreements signed by both spouses immediately become valid once the couple enters into marriage, as per California state law. Because prenuptial agreements are subject to normal contract law principles, both parties must offer complete, legal consent to the terms and conditions stated, which means consent cannot be obtained by undue influence, deception, or error.

Furthermore, the scope of what can and cannot be included in a prenuptial agreement is fairly limited. Such agreements are free to encompass any existing or future property rights, as well as other important aspects of the marriage, under state law.

There are certain restrictions, however: state law mandates complete disclosure of property and finances, as well as enough time for a Santa Rosa prenuptial agreements attorney to evaluate the agreement before signing. If these conditions aren’t met, the agreement isn’t deemed valid.

The Need For A Prenuptial Agreement

While no one plans on getting divorced, having a prenuptial agreement may be beneficial in a variety of situations. You may need a prenuptial agreement for a variety of reasons, including:

  • If you’ve already been married
  • You or your partner both have children
  • There is a significant financial gap between the two of you

In the case of a divorce, you may wish to protect yourself, your possessions, and your interests if you find yourself in one of these circumstances. If either or both of you had previously been married, you may have assets such as property that you have brought into your present relationship. You may opt to keep child support separate if one or both of you had children from a prior relationship. A prenuptial agreement can also be used to secure your inheritance if you die.

Contact Our Santa Rosa Prenuptial Agreement Attorney

While bringing up the issue of a prenuptial can be difficult and should be handled with care, these agreements are critical in preserving each spouse’s property rights in the case of a divorce. These agreements are designed to safeguard your separate property, your business associates, and your children from previous relationships’ inheritance rights.

The attorney at Rhodes Law can assist you in determining exactly what you require, working with you to draft a suitable agreement, and representing you if a prenuptial agreement is required.