Prenuptial & Postnuptial Agreements in Rancho Cucamonga

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Many individuals take advantage of the option to get a prenuptial agreement before marriage. This allows them to protect their personal assets if the marriage should end. At one time, such an agreement was unusual, but currently this is a common legal procedure, particularly with high net worth couples who are seeking to protect their property, bank accounts, stock accounts, and other assets.

What Is a Premarital Agreement?

Family Code Section 1610 defines a premarital agreement as "an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage" and must be in writing and signed by the parties. Unlike other contracts, the agreement is enforceable without consideration. An agreement can be modified or revoked only by a written agreement and signed by the parties. 

The Uniform Premarital Agreement Act applies to any premarital agreement executed on or after January 1, 1986. Under the Act, parties may agree to terms including, but not limited to, property rights, so long as it is not promotive of divorce, life insurance benefits, and choice of law. Further, the Act prohibits certain terms, including but not limited to, an adverse affect on child support and unconscionable terms.

Creating Pre & Post-Marital Agreements

These agreements must be carefully drafted specifically for the individuals involved. As many such agreements are later challenged in court, the exact wording is critical. Even one word out of place can create serious problems.

The Rancho Cucamonga family law attorneys at Family Law Advocacy Group have the legal skills and ability to draft an agreement that is set up for court approval and designed to withstand legal disputes. For those who are seeking a postnuptial agreement, the same holds true. That is why you need a skilled legal professional guiding you through this process.

What Should be Included?

In some cases, a pre or postnuptial agreements may become necessary when a couple is getting married or has been married for several years.

This can be a complex process, particularly if the spouses are not in accord about the critical matters such as spousal support, bills, and other matters. Getting these matters into writing and coming to a resolution as quickly as possible allows a couple to move forward and make decisions about their future, whether it is to resolve the marriage or divorce. Allow our attorneys to help you craft a pre or postnuptial agreement that addresses your concerns and sets your marriage up for success.