Costa Mesa Prenuptial Agreements Lawyer 

Costa Mesa Prenuptial Agreements Attorney

Marriage is a wonderful joining of two people. It is a choice to blend lives together to create something new. Entering a marriage does not come with conversations about how it will end because there is no expectation that it will. With a prenuptial agreement, however, couples can plan what a separation or divorce may look like should the marriage experience difficulties. A Costa Mesa prenuptial agreements lawyer can help ensure the agreement reflects your wishes.

The skilled team at Engels-Janzen understands prenuptial agreements can evoke strong emotions, but we approach this process from a position of compassion. Though it can be a difficult step to take, it is important that both parties understand what they want out of the agreement and can find common ground to make it happen. With over 15 years of combined experience, we can help you bridge the gap between the parties’ desires and resolve any issues that may arise.

What Is a Prenuptial Agreement?

Crafting an effective prenuptial agreement begins with understanding what it is and what you can do with it. Commonly referred to as a prenup, a prenuptial agreement is a signed contract between two individuals who plan to marry that states which property belongs to each future spouse should the marriage end in divorce.

The parts of a prenuptial agreement you can customize include:

• Division of property and assets. Generally, the main intent of drafting a prenuptial agreement is to specify how assets, property, and debts will be divided if the couple should divorce or legally separate. Personal property, real estate, and retirement accounts are examples of items that can be included in the agreement.
• Business ownership. If one party owns a business before the marriage, a prenuptial agreement can prevent it and any future earnings from being divided or impacted by a divorce.
• Debt allocation. One or even both partners may come into the relationship with significant personal debt. A prenuptial agreement can ensure the parties leave the marriage with any debt they brought into it.
• Spousal support. Though a spousal support arrangement undergoes serious scrutiny by the court during a divorce, it can be included in a prenuptial agreement. It can be decided if a spouse is eligible to receive support and how much.
• Inheritance rights. Each party can specify inheritance rights to protect certain family assets or ensure that children from a previous relationship are provided for.

What Can Invalidate a Prenuptial Agreement?

Prenuptial agreements are legal documents, and as such, there are conditions that can make parts of, or even all, the document invalid. Situations that can invalidate a prenuptial agreement are stated in California’s Uniform Premarital Agreement Act (UPAA) and include:

• Signing under duress. Both parties must sign a prenuptial agreement voluntarily. Any pressure or imbalance of power in signing the agreement can invalidate the document. The parties must also have the capacity to sign a legal document.
• Unconscionable provisions. If one party was not provided a full disclosure of the other’s financial assets and property and did not waive the right to full disclosure, then the agreement can be considered unconscionable and invalid.
• Unrepresented and uninformed. If the party against whom enforcement is sought is unrepresented, they must be fully informed of the basic effect of the agreement. They must be provided with a document that explains the rights and obligations relinquished under the agreement. Failure to provide this document can invalidate the prenuptial agreement.

Additionally, child custody and child support cannot be determined in a prenuptial agreement. California courts always put the interests of the child at the forefront of child custody and child support determinations. They will use the circumstances of the couple at the time of the separation, not at the time the prenuptial agreement was created. Though the entire prenuptial agreement may not be ignored, these provisions will be.

If your prenuptial agreement is declared invalid, your divorce or separation will continue as if there was never an agreement in place. Your assets, property, businesses, and accounts will be separated as outlined in California law, generally a 50/50 split of all community property.

FAQs

How Much Does It Cost to Have a Lawyer Write a Prenup?

In Costa Mesa, the total cost to have a lawyer write a prenup can vary widely because of the number of conditions that can impact the complexity and time commitment. If the document must account for many assets or has many provisions, the cost will be greater. Additionally, the cost will increase if the document must be edited several times before both parties will sign the document.

Do I Need a Lawyer for a Prenup in California?

You are not required to retain an attorney for a prenuptial agreement in California; however, it is strongly recommended that you seek legal counsel. Prenuptial agreements are meant to protect the financial futures of both parties in the event of a divorce and should be treated seriously. Also, a court can invalidate a prenuptial agreement if the terms do not follow the law.

What Is the Seven-Day Rule for Prenups in California?

Under California’s Family Code § 1615 (c)(2)(B), parties seeking a prenuptial agreement must take a minimum of seven days to review a prenuptial agreement before it can be signed. This rule must be followed even if both parties do not have an attorney. A failure to abide by the waiting period can invalidate a prenuptial agreement.

Is it Bad if My Partner Asks Me to Sign a Prenup?

Prenuptial agreements have an unfortunate reputation of meaning mistrust in a relationship; however, this reputation does not ring true. A 2022 poll found that 15% of Americans who were currently engaged or married signed a prenuptial agreement. It also found that 35% of unmarried Americans supported the use of prenuptial agreements and planned to sign one in the future. A prenuptial agreement simply allows both parties to protect their financial futures should the marriage end.

Costa Mesa Prenuptial Agreements Lawyer

With a divorce rate of 5.88 in 2024, California ranks among the US states with the lowest divorce rate. However, it is crucial to be realistic and plan for all potential outcomes in your marriage. Though everyone believes their marriage will last, situations can change, people can grow apart, and irreconcilable mistakes can be made. If that happens, you will be grateful that you protected yourself and your financial future.

Reach out to the Engels-Janzen team today for a consultation on building a prenuptial agreement. Let our team put our knowledge and experience to work for you.