Prenuptial Agreements: An excellent tool for creating a healthy marriage
Prenuptial agreements, commonly referred to as prenups, are continually becoming a popular choice for couples who want to establish a clear and common understanding of how to manage key aspects of their marriage, especially regarding finances.
Often, this process allows couples to closely examine and resolve any differences before their wedding, ensuring they are on the same page as they begin the next step in their life together. This can be particularly important when navigating significant life events and decisions such as caregiving for children or other family members, purchasing a home, handling inheritances, and managing savings and spending.
At Moradi Saslaw, we recognize that thinking about the possible end of a marriage or domestic partnership isn’t romantic. However, unforeseen circumstances can arise, and in those moments, you’ll be glad you and your partner addressed these matters beforehand. This is precisely the purpose of a prenuptial agreement.
Our firm has created a comprehensive approach to guide clients through the prenuptial agreement process, and we’ve received feedback indicating it has helped strengthen relationships. This detailed guide can help couples understand what to expect when considering a prenup.
Below are some highlights:
One of the top three reasons for divorce is financial misalignment, particularly regarding what each partner brings into the marriage. The prenuptial process can serve as a crucial marriage planning tool, as it involves comprehensive discussions about financial goals, savings, and expenses before getting married.
Not all prenups are the same, so having a reliable partner to guide you through the process is essential. At our firm, we prioritize ensuring that your prenuptial agreement (1) fosters a stronger relationship with a mutual understanding of issues that are important to each person in the marriage; (2) clarifies important emotional topics like pet custody and care; (3) is straightforward so you don’t have to worry about it during your marriage; (4) protects both parties in the unlikely event of a divorce; and (5) reduces attorney fees in a divorce.
It’s normal for some couples to feel uncomfortable discussing a prenup, as it can seem like planning for a divorce. We help our clients navigate these difficult conversations. Additionally, avoiding the discussion means defaulting to California’s laws, which may not align with your and your partner’s preferences. Whether you choose to have a prenup or not, understanding the laws governing your relationship is crucial. These discussions will provide that foundation and offer guidance on keeping assets separate should you and your partner decide against a prenup.
If you’re interested in learning more, download our detailed guide and call us at (949) 688-8880.
Are there unique requirements for prenuptial agreements in Orange County?
While there aren’t unique requirements for a prenuptial agreement in Orange County, California law addresses what is required for an agreement to be enforceable in the Uniform Premarital Agreement Act found in the Family Code, Division 4, Part 5, Chapter 2. This includes:
Prenuptial agreements must be in writing (CA Fam Code § 1611 (2023))
Premarital agreements become effective at the time of the marriage (CA Fam Code § 1613 (2023))
Premarital contacts can only be changed or revoked after marriage with a written agreement signed by both parties. CA Fam Code § 1614 (2023)
CA Family Code § 1615 (2023) also specifies that a premarital agreement won’t be enforced under certain circumstances including these situations when the person who enforcement is being sought against:
Didn’t enter into the contract voluntarily
Is treated so unfairly by the contract that it shocks the conscious
Didn’t receive a full, fair, and reasonable disclosure of the other person’s property or financial obligations and didn’t voluntarily and expressly waive these disclosures
Didn’t have, and reasonably couldn’t have had, adequate knowledge of the other person’s property or financial obligations
Didn’t have independent legal counsel or didn’t waive the right to get legal advice after being advised to do so at least seven days before the contract was signed
Had no legal counsel and was not fully informed in writing in a language they understand of the terms of the agreement and the rights they were giving up before signing it
Had less than seven days after being presented with the contract before signing it
Entered into the contract based on fraud, duress, or undue influence
Lacked legal capacity to enter into the contract
Outside of these situations, a properly-written prenuptial agreement should be enforceable in Orange County. One additional important thing to note, while these contracts can address many issues that arise in divorce such as spousal support and property division, they cannot set the terms for either child custody or child support.
Getting Help from an Orange County Prenuptial Agreements Lawyer
As you can probably see in this synopsis, there are many things that are important to keep in mind when you are drafting a prenup to ensure you get the full benefit of the prenup drafting process. In addition, since there are a number of legal complexities that affect whether a prenuptial agreement will be enforceable in California, it is important for both people in the relationship to engage an attorney who understands these requirements completely and has the experience to address your specific needs and situation.
If you need an experienced family lawyer in Orange County who can guide you through drafting and signing of your agreement, contact Moradi Saslaw at (949) 688-8880 to learn more about how we can help you. We have the knowledge and experience to guide you through the process in a way that will create an agreement that sets you up for a secure future.
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