Sacramento Family Law Attorneys: Prenuptial And Postnuptial Agreements
Although a premarital agreement (also known as a prenuptial agreement) is a widely known tool used by some couples entering into new marriages, executing a valid and enforceable agreement requires that the parties follow specific requirements.
Whether you are considering proposing that you and your future spouse enter into a premarital agreement or you have been presented with one by your future spouse, Bartholomew & Wasznicky LLP can provide you with experienced legal counsel. Our California family law attorneys have more than 125 combined years of experience, and we have two board-certified family law specialists. This experience gives our team unmatched insight into the most common issues that couples considering premarital agreements fail to consider. Our lawyers provide our clients with the full knowledge of what their rights will be, whether with or without an agreement.
California Prenuptial And Postnuptial Agreements
Under California law, premarital and postmarital agreements can encompass a broad range of matters, including:
However, courts examine these documents carefully to ensure that they were executed willingly by both parties and that both parties were fully aware of the ramifications of entering into such an agreement. Both parties must also be represented by separate counsel or risk having a court invalidate the agreement if a dispute ever arises.
Our California Divorce Lawyers Answer Your Frequently Asked Questions About Prenups
We understand that when it comes to prenuptial and postnuptial agreements, there can be a lot of questions. These agreements can be complicated, and the California divorce laws can be confusing. Here, our experienced Sacramento divorce lawyers answer some of the more commonly asked questions. For answers to your specific questions, reach out to us. Our no-obligation consultation appointments are completely confidential.
What is the difference between a prenup and a postnup agreement?
Both a prenuptial and a postnuptial agreement set forth the agreed-upon terms for how property will be divided in the event of a divorce. A prenuptial agreement is executed between members of the couple before they enter into their marriage. A postnuptial agreement is executed after a couple has already gotten married.
We never entered into a prenuptial agreement before we got married – is it too late?
No. Even if you have already gotten married, you can still come to an agreement about how your property and assets will be divided should you ultimately find yourselves in a separation or divorce. When you reach this agreement after you have already gotten married, it is called a postnuptial agreement instead of a prenuptial agreement.
Can I change my premarital agreement after we get married?
Spouses can decide to change or amend their prenuptial or postnuptial agreement at any time, as long as they both agree. Changes to a premarital or postmarital agreement can be made in writing and must be signed by both parties.
What if my spouse doesn’t agree to change our prenup agreement?
In California, if one spouse does not agree to amend a prenup, a prenuptial agreement can only be amended or canceled if the other spouse can prove one of the following:
- Their spouse committed fraud when the original agreement was executed.
- The agreement was entered into under duress and they were threatened or coerced into signing the agreement.
- The terms of the agreement are unconscionable or one-sided.
- The provision in question is unenforceable under California laws.
An experienced family law attorney can help you understand if your prenuptial agreement is valid and enforceable and guide you through what to do next if it’s not.
Trusted And Experienced Guidance
Our lawyers understand the need for clarity and certainty when you’re contemplating and executing these important documents. With our team’s experienced guidance, our clients know that their prenuptial agreements will be valid. Our clients are also empowered and confident about their rights going forward in a marriage.
Contact A Sacramento Prenup Attorney Today
Our Sacramento prenuptial agreement attorneys are committed to protecting our clients’ interests going into new marriages. Arrange a confidential consultation with a lawyer by calling 916-603-2913 or send an email using our online form.