Santa Ana Prenuptial Agreement Lawyers

Getting married is one of the most exciting times of your life. But between proposing to your better half and planning the wedding itself, it can be easy to forget about marital agreements. Marital agreements are essential when protecting your assets and property if your marriage ends. By creating a marital agreement now, you set yourself up for success in the future.

Although no one wants to envision their marriage ending, no one is certain about what the future holds. At Sarieh Family Law, we encourage all our clients to create a marital agreement to protect both parties in case of a divorce or death. If you have questions about marital agreements or would like to create one yourself, give us a call today at 714-694-7723. We will review your unique circumstances and give legal advice based on the assets you already have.

What is a Marital Agreement?

A marital agreement is an agreement between two parties explaining each person’s responsibilities and rights in the marriage. There are two main types of marital agreements you may be able to enter into.
The two agreements are:

Prenuptial Agreements

Prenuptial agreements, also known as prenups, are agreements executed before marriage. Prenups are often considered the stronger of the two agreements since they allow both individuals to agree to demands and obligations before marriage.

Marital agreements are beneficial because they allow both parties to communicate and fully understand what they expect of each other. Similarly, each party will know what will happen to their assets in case of a death or divorce. Although some people find marital agreements challenging to bring up or agree to, they may actually quell a lot of anxiety surrounding the marriage and improve the chances of the marriage succeeding.

What is Addressed in a Prenuptial Agreement?

Generally, marital agreements can cover anything the couple thinks is valuable. However, there are some common issues that many marital agreements will address.

Marital agreements may cover issues like:

Debts: The agreement must dictate which party is responsible for any debts accrued before the marriage.
Property ownership and earnings: The agreement will identify the separate property of each spouse as well as joint property, if applicable.
Divorce: Each party will include what happens in the event of a divorce, including issues like spousal support, spousal maintenance, or alimony.
Property division: In the event of a divorce, the marital agreement will dictate how the property is divided between the couple.
Death: The agreement will specify if either party is obligated to leave anything to the other in the event they pass away.
Retirement plan benefits: The agreement will state whether each spouse will be the beneficiary of the other’s retirement plan.
Children: If either party has children from a prior relationship, the agreement will specify how these children will be supported.
Cohabitation: If the couple lived together before marriage, the agreement could waive any rights the couple may have obtained.

How Are Marital Agreements Enforced?

If a marital agreement is entered into willingly and fully understood by either party, it is enforceable in court. If a marital agreement ever needs to be enforced, courts will only interfere with the provisions if the agreement is against public policy, the agreement relieves support from a spouse that could leave them destitute, the agreement regarding child support is too low, or there is a provision made regarding child custody. Marital agreements cannot contain provisions regarding child custody because the court has the final say in what is best for a child.
In the event of a death or divorce, a judge will enforce a marital agreement during divorce proceedings. Judges will defer to prenuptial agreements and postnuptial agreements rather than making their own rulings about property division, spousal support, and more.

What Happens to Property Obtained During the Marriage?

Income and assets that either party acquires during the marriage become community property of both parties. In California, community property is owned by each spouse and is split equally between them, even if only one spouse obtained that property. For instance, if one spouse was the sole provider while the other spouse did not work, any property acquired with that spouse’s income becomes community property. Therefore, it will be split equally between spouses during a divorce.
On the other hand, property that one spouse brings to the marriage continues to be their own separate property even after marriage. Separate property generally is not split between spouses and will remain under its original ownership. However, separate property may be divided if it is comingled with community property or the other spouse’s separate property.

Should I Hire a Marital Agreements Lawyer?

Although no one wants to predict their marriage ending, having a marital agreement is the best way to protect your assets and any children you may have from a previous marriage. Marital agreements are recommended for any couple, no matter how long they have been together. Even if you are already married, a postnuptial agreement can help protect your assets.
At Sarieh Family Law, we have years of experience assisting couples to protect themselves with marital agreements. If you have questions about a marital agreement or would like to know what your marital agreement should address, contact our team today. We will review your specific assets and make legal suggestions on how you can protect yourself during your marriage. Call today at 714-694-7723.