Esparto Prenuptial and Premarital Agreements
Are you getting married soon? Nothing beats the feeling of knowing that you are going to spend your forever with the person you love.
However, whether you get married in a church or before a judge, it is a commitment that you need to think carefully about because of its implications in your life. You and your prospective partner can establish protections to protect your and your partner’s rights, and it can be listed under a prenuptial agreement. Getting one made is easy, but if you want the agreement to cover everything, you can partner with an experienced Esparto prenuptial agreement lawyer to make it with you.
Bartholomew & Wasznicky LLP can provide legal assistance to help you achieve the best results. For prenuptial agreements, our lawyers can help you create the agreement that works for both you and your prospective spouse. You can also trust us to help you request modifications to the agreement or get it terminated so you can make a new one. With our help, you can be rest assured that your marriage will be stress-free and you will be protected should it end in a divorce.
Protect your future with a legally binding agreement. Contact Bartholomew & Wasznicky LLP in Esparto at (916) 260-2637 for a consultation on prenuptial and post-nuptial agreements. Our experienced attorneys will guide you through the process and ensure your interests are safeguarded. Take the first step towards securing your assets and peace of mind.
Definition of Prenuptial Agreement in California
Prenuptial agreements are defined in California’s Family Code as an “agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”
The agreement can highlight the rights and responsibilities of the spouses during the marriage and establish protections for finances, properties, and other liabilities.
Legal Requirements for Prenuptial Agreements
All prenuptial agreements in California must follow the Uniform Premarital Agreement Act (UPAA), which the state signed in 1986. Under this law, the prenuptial agreements must be signed by both parties, and they will be made effective after they get married.
The general contract law will also be applicable to any signed prenuptial agreements in the state. Both parties must give their consent freely for it to be considered a valid agreement. This means that either party must not be pressured to sign it, signed under fraudulent conditions, or made by mistake.
The 2002 amendments to the UPAA also indicate how the prenuptial agreement will be enforced against a spouse. The agreement can be enforced only if that spouse:
- Received all the relevant information about the other spouse’s finances and properties prior to the signing
- Granted 7 days between receiving the agreement and signing it to get the agreement reviewed by an attorney before it is signed
- Represented by an attorney during the signing unless the spouse: (1) received all the information they need to know in writing regarding the basics of the agreement, such as the rights and obligations that will be nullified once it is activated, and (2) signed a document that acknowledges that they received the information from the right person and waived their right to an attorney.
It is important to note that even if all the requirements are ticked, the agreement’s provision regarding spousal support if the spouse did not request an independent attorney to represent them.
You can trust Bartholomew & Wasznicky LLP to help you review the arrangement to determine if it passes the legal requirements under the UPAA. We will also make sure that all the information you need to know is given by the other party before you sign the agreement.
Scope Included in a Prenuptial Agreement
A prenuptial agreement can cover subjects that will affect the marriage and after. One example is the financial responsibility of either party during the marriage, such as household expenses, mortgages, and other debts. Decision-making can also be listed in the agreement for key discussions such as healthcare, school, and properties. For properties, the spouses can change the nature of their separate or community properties and vice versa based on the guidelines set by the agreement.
If the marriage ends in a divorce, the prenuptial agreement can be as detailed as possible to highlight how the divorce can be resolved without going through a long legal battle. For example, spousal support and property division can greatly influence the prenuptial agreement. For example, spouses can waive their right to spousal support if it is agreed upon early on in the agreement. In terms of property, spouses can waive their rights to specific community property during the divorce and secure the inheritance rights of the children.
Meanwhile, a prenuptial agreement signed in Esparto, CA, should include something other than points regarding child support and custody. The court will determine these points and make sure that any arrangement will be in the child’s best interest. What the prenuptial agreement can do is indicate what additional support can be given to each child, which is more than what the law has transcribed.
Other points that should not be included in a prenuptial agreement include penalizing one party due to their “misconduct,” waiving financial or property disclosures, altering relationship duties during the marriage, or creating an agreement that promotes divorce.
Our Esparto prenuptial agreement lawyer for your case can work alongside your prospective partner’s legal team to create the best prenuptial agreement for you and your partner. We can negotiate on your behalf should any parts become highly contested and do our best to reach a good compromise. Our legal team on the case will also check the rest of the contents to ensure that it does not include any topics that will invalidate the prenuptial agreement.
Prenuptial Agreement Modification
Couples can request a modification to a prenuptial agreement so long as both parties agree to the modification and sign their consent.
Any changes that will be made, whether it is to include the children’s names or update it with the latest information, should be agreed upon by the couple. Further changes that can be made to a prenuptial agreement include adding or removing terms or amending key provisions for complicated topics.
There are two ways to get a prenuptial agreement modified in Esparto , CA:
- Alterations are permitted in many prenuptial agreements, especially those which were drawn up by an attorney. You and your partner can alter the existing prenup by writing down the things they wish to alter, and the document must be signed by both parties. The document should then be submitted to the family court to approve the changes.
- Creating a brand new contract is another option to modify your existing prenuptial agreement if it does not have terms that will allow you to modify key points or revoke the agreement. With a new agreement, it is best to hire an attorney to complete the agreement with all the points not included in the first agreement.
It is important to remember that a prenuptial agreement cannot be modified if you are already legally separated or currently undergoing a divorce. You can also only request these modifications before the marriage and during the marriage, and it must only be done with the blessing and cooperation of your spouse. Forcing the other party to agree to the changes is not permitted and will invalidate your prenuptial agreement.
Should you wish to apply for a modification to your prenuptial agreement, let your Esparto prenuptial agreement lawyer know about it. They will check the situation that caused you to consider modifying the agreement and offer the best way it can be done during the negotiations with the other party. We can also help with drafting a new contract if the existing agreement still needs to be completed.
Termination of Prenuptial Agreements
For some parties, the existence of a prenuptial agreement may no longer fit them as there are enough financial protections in place for them to enjoy a comfortable lifestyle during and after marriage. With this in mind, they may seek to cancel the agreement altogether. Fortunately, couples can terminate their prenuptial agreements in Esparto and establish a new one to cover key points that were not originally on focus on the first prenuptial agreement.
Much like the modification of prenuptial agreements, couples who wish to terminate their agreement must agree to the act and sign a document proving it. Without a written termination signed by both parties, the agreement will remain as it is. The court will only accept a signed written termination from both parties to get the agreement terminated. A new one will need to be created to ensure that property division is as agreed, or it will follow California’s 50-50 division rules.
Our Esparto, CA, family law firm can help you look into the agreement and work with your spouse to create a new prenuptial agreement that will replace the one that will be terminated. We can also help you determine whether terminating your existing prenuptial agreement is recommended.
Postnuptial or Post-Marital Agreements
Postnuptial agreements, also known as post-marital agreements, are legal documents that couples enter into after getting married to establish the division of assets and address financial matters in the event of a divorce or separation. These agreements allow couples to have clarity and control over their financial affairs and can help prevent conflicts and uncertainties in the future. Whether you want to protect specific assets, define spousal support, or outline property distribution, our experienced Esparto, CA divorce attorneys at Bartholomew & Wasznicky LLP can guide you through the process of creating a comprehensive postnuptial agreement that meets your unique needs. Safeguard your interests and secure your future by scheduling a consultation with our knowledgeable team today.
Talk To Our Legal Experts Today
There is nothing wrong with ensuring your marriage is as smooth sailing as possible. With a prenuptial agreement, you will be able to protect yourself and your properties accordingly, whether the marriage continues in the future or not. You can trust Bartholomew & Wasznicky LLP to assist you in creating the prenuptial agreement, modifying it to terminating it for a new one. Simply contact us for more information, and we will provide you with a personalized legal service that matches your situation.
Secure your future with a prenuptial or post-nuptial agreement. Call Bartholomew & Wasznicky LLP in Esparto at (916) 260-2637 for a consultation. Our experienced attorneys will protect your interests and provide the legal guidance you need. Take control of your financial future today.