Believe it or not, every couple has a prenuptial agreement. It's called the California Family Code. If you divorce or your spouse dies without having created your own customized prenup, decisions about your children and assets will be made by default according to the code.
At the California law firm of Brave, Weber & Mack, APLC, we help couples plan wisely now in order to avoid potential problems later. Our San Diego prenuptial agreement attorneys have decades of experience in this and other areas of family law, including creating prenups for domestic partnerships.
The Purpose of Prenuptial Agreements
A prenuptial agreement can serve several purposes. It can:
- Help ensure that your assets, including family business interests, remain your own in the event of divorce
- Make sure that the majority of your assets go to your children, not your spouse, upon your death
- Help to pre-emptively work out resolutions to other issues that may become contentious after marriage
When creating a prenup agreement, it is very important you follow the correct legal formalities. Our law firm understands the detailed requirements necessary to make the agreement enforceable in court, but many lawyers do not. Choose your attorney wisely.
Understanding Postnuptial Agreements
Postnuptial (or postmarital) agreements are contracts drafted after the couple marries. It may be used to legally change assets from community property to separate property (or vice versa) or to change or revoke a premarital agreement. One thing a prenuptial agreement is not allowed to do is to encourage the parties to divorce.
Questions? Ask a Solana Beach Postnuptial Agreement Attorney
To learn more about protecting assets with prenuptial and postnuptial agreements, arrange a free initial phone consultation with one of our attorneys. Call Brave, Weber & Mack, APLC, at 858-345-2487, or e-mail our Solana Beach office today.
