Pre/Post Nuptial Agreements
When two spouses enter into the divorce process, and are unable to come to an agreement regarding the division of their marital assets or payment of spousal support, they will have to litigate these matters in a public trial. This can cost many thousands of dollars and require public disclosure of private facts relating to the marriage, not to mention the emotional toll of having to argue over money with your spouse in court. And, ultimately, the court and not you will make decisions regarding these issues.
To avoid this regrettable and expensive process, which can leave emotional and financial scars for life, many couples choose to avoid a costly courtroom battle by entering into a pre- or postnuptial agreement, overseen by attorneys for each spouse. At the Law Office of Kelley C. Finan, we help spouses and soon-to-be spouses avoid the drama and cost of divorce trials by working with them to create these agreements.
A prenuptial agreement is simply an agreement that two people who plan to marry enter into which dictates how their marital assets should be divided in the case of a divorce and how much, if any, spousal support should be paid. A prenuptial agreement does not mean that the parties are expecting to get divorced, only that, should that come to pass, both parties will understand exactly how they would be cared for and supported without duking it out in front of an unpredictable court later on. In the event of a divorce, prenuptial agreements in some cases, where validity of the Agreement (or a portion thereof) is in question, must be approved by a court, and the court will only finalize the terms of the agreement if they are fair and if the agreement was reached in accord with California law. One of the requirements under California Law is that each party have consulted their own independent lawyers in creating the agreement.
As the name implies, a postnuptial agreement is an agreement to divide a married couple’s assets and debts, and to determine support obligations in the event the parties decide to no longer continue in the marriage in the future. Like a prenuptial agreement, it is often much cheaper and more efficient than battling these issues out in court, and the parties and not the court will make these decisions. Such an agreement, if its validity is later called into question, must also be approved by the courts as being fair to both parties in light of California law.
Work with the experienced, compassionate attorneys at the Law Office of Kelley C. Finan to create and finalize prenuptial and postnuptial agreements that are fair, reasonable, and cost-effective.
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