El Centro Ca Family Law Trusts Prenuptial Agreement Wills
The dissolution of a spousal relationship is typically an emotional and stressful feel, even when the decision to get divorced is mutual. When two people spend years sharing space, chores, and financial responsibilities, and possibly raising children together, an end to this system rarely comes without some difficulty. When significant wealth and assets are involved, the stakes can be particularly high.
One way to preemptively mitigate problems related to the division of avails and property in a divorce is to obtain a prenuptial understanding before union. A prenuptial agreement, often referred to as a prenup, is a legal document stipulating the holding rights of both spouses in the event of a divorce.
Whether you are because a prenuptial agreement before marriage, or you lot have an existing prenup and an impending divorce, it is in your all-time interest to seek legal counsel from a prenuptial agreement lawyer with extensive experience in this specific area.
At The Sands Law Group APLC, our highly-skilled, knowledgeable Los Angeles prenuptial agreement lawyers will guide you through this process in the least painful, and virtually economical manner possible. We provide premier legal services at an affordable rate and a multi-lingual staff who tin communicate with clients in five languages: Hebrew, French, Standard arabic, Castilian, and English language. Contact The Sands Police force Group APLC today for a confidential consultation about your case.
Prenuptial Agreement Laws in California
Married couples sometimes hold jointly-owned property, such every bit vehicles, banking company accounts, retirement accounts, the family home, a vacation home, and even a business. If they divorce, both jointly-owned property and belongings in merely i spouse'southward name must exist divided, and there are very specific laws in California stipulating exactly how this is to exist done.
In some cases, the couple will agree on how to split avails, and the process will be less complex and contentious. More often than not, however, at that place is some debate over who gets what, and sometimes this "debate" tin get quite messy. Fortunately, with the help of an experienced Los Angeles prenuptial understanding lawyer, belongings division in a divorce doesn't have to be a nightmare.
California Property Sectionalization Laws
California is a community holding country , which means that any holding accumulated during the matrimony (community property) will generally be divided l/50 betwixt the divorcing spouses. California is 1 of only nine customs property states. Customs property typically includes anything that the couple bought or acquired together during the marriage, only excludes assets endemic by only one spouse, earlier the matrimony.
This, however, is the default law, and a properly drafted prenuptial agreement should take precedence over the default laws. Permit'due south say that Jane and Gary beginning a business together, but a prenuptial agreement drafted prior to the matrimony stipulates that all business organization interests and assets volition go to Jane if the couple gets divorced. Without the prenup, the concern would accept been divided fifty/fifty based on California's community property laws, but with the prenup, Jane will go 100 percent of the concern, and Gary will walk away empty-handed.
Although a prenuptial agreement can be a highly-effective tool for managing property division in a potential divorce, a poorly drafted prenup, or one that does not follow state laws and guidelines, could exist a completely useless piece of paper. The laws around holding division and prenuptial agreements are circuitous, and information technology is in your all-time involvement to consult with an experienced Los Angeles agreement chaser if you accept questions about how these laws volition affect your unique situation.
Oftentimes Asked Questions
What Rights are Covered in a Prenuptial Understanding?
Prenuptial agreements comprehend a wide range of subjects, mostly dealing with belongings rights. As long equally they are properly drafted and non in violation of the police force, prenups are usually upheld and enforceable. They may address jointly-owned and separately-endemic property, and the rights of both spouses to control, manage, or dispose of the property in a divorce. Prenups may also address life insurance death benefits, and the making of a volition or trust to ensure that their wishes are carried out accordingly.
When Might a Prenup Non be Enforceable?
There are times when a prenuptial understanding cannot be enforced because it violates state laws or public policy, or its terms are in violation of someone's legal rights. Some scenarios in which a prenup may be deemed invalid include:
- No written agreement can be constitute. Verbal prenuptial agreements are non legally bounden.
- Lack of disclosure. If one spouse failed to provide full disclosure of their assets and liabilities before the prenup was signed, the agreement may be invalid in a divorce.
- Coercion. If one spouse was coerced into signing the prenup confronting their volition, or inadequate fourth dimension was given to properly analyze the contract and obtain legal advice, the contract will likely exist accounted invalid and unenforceable.
Furthermore, since ensuring that children'due south rights and all-time interests are protected is a priority in California, a prenuptial agreement that adversely affects the rights of a child is unlikely to be enforceable.
Contact Our Experienced Los Angeles Prenuptial Understanding Attorneys Today
If y'all have questions virtually property sectionalisation or prenuptial agreements, or you wish to enforce an existing prenup in your divorce, the skilled legal team at The Sands Law Group APLC tin assist. We accept assisted countless clients equally they embark on the next chapter of their lives in the most seamless, efficient, and economical mode possible. Our knowledgeable, compassionate Los Angeles prenuptial agreement lawyers will ensure that your rights and best interests are protected throughout the entire process. Contact u.s.a. today for a confidential consultation almost your case.
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