Fresno Prenuptial Attorney
Postnuptial Agreements in California
When it comes to your assets and other interests, you will want to do everything you can to protect them in the event that your marriage dissolves. In the case of divorce, a prenuptial or postnuptial agreement can be used to protect your rights and make the process much simpler. At the Law Office of Zeppy Attashian, PC. , I am a trained lawyer who understands the laws governing divorce and how these agreements can be used to safeguard your interests. Feel free to speak with a Fresno divorce attorney if you have any questions regarding this issue.
How a Prenup Can Benefit You
A prenuptial, or premarital agreement, can prepare you for divorce even before the marriage begins. If this agreement was set in place before the marriage, financial issues can be discussed and resolved in a manner that avoids a substantial amount of disagreement. A few specific ways that a prenuptial agreement can protect you are:
- In the case of divorce, litigation can be avoided if the premarital agreement is in place
- For those who cannot afford the financial jeopardy that marriage places them in, this legal process can protect them from the associated risk
- If there are children from a previous marriage, the agreement can protect the child's inheritance in the case of his or her death
How Long Does a Prenup Last in California?
Generally, a California prenuptial agreement has no expiration date and will never expire. Under certain circumstances, a prenup may be modified or changed, such as when:
- Both parties mutually agree on revising the prenuptial agreement
- One or both party members act in a way that violates the terms of the prenup and the agreement becomes invalidated
About Postnuptial Agreements
A postnuptial agreement is similar to a prenuptial agreement but it is executed after the couple has already wedded. It is a contract between spouses that contains provisions on how property and income will be divided in the case of divorce. These agreements are beneficial for those whose financial situations have changed since being married and they feel the need to protect it if divorce occurs in the future.
Prenuptial & Postnuptial Agreement Limitations
While prenuptial and postnuptial agreements are very beneficial for couples when it comes to protecting their assets, it's important to keep in mind that there are a few areas these marital agreements can't regulate.
- Child custody & child support – Because the courts will seek to do whatever is in the child's best interest in these cases, it will not uphold contracts that the parents created that would not meet this goal.
- Spousal support – Even if an agreement contains a section on waiving spousal support, the court may not uphold it if it would mean leaving one spouse with all the money and the other spouse destitute.
An attorney from my firm can discuss this in greater depth with you and help you know whether it is right for you! Contact us today.
