San Fernando Valley Marital Agreement Attorney

Helping Clients Draft Prenup or Postnup Agreements in Northridge and Los Angeles

More and more people are seeing pre and postmarital agreements as a means of ensuring financial predictability in the case of a marital dissolution. Whether you are soon to be married or you have just gotten married, the San Fernando Valley family law attorneys of Joel S. Seidel & Associates can help you create an effective prenuptial or postnuptial agreement.

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Don't leave your financial future to chance. Contact us now at (818) 435-3773 to schedule a consultation with our experienced marital agreement attorneys.

What is a Prenuptial Agreement?

A premarital or prenuptial agreement—often referred to as a "prenup"—is a written contract created by two individuals who plan to marry. In most cases, the purpose of the agreement is to decide in advance the spouses' individual property and spousal support rights, in the event that the spouses later decide to divorce.

CA Community Property Laws & Prenups

Essentially, a premarital agreement allows the parties to "opt out" of certain aspects of California law, under which most assets acquired during a marriage are considered community property. Instead, the spouses agree to a division of assets and debts in a manner that differs from the division that California family law would ordinarily provide. In addition to determining matters of property division, a prenuptial agreement can be a way for spouses to "get on the same page," so to speak, with regard to their finances and expectations.

What is a Postnuptial Agreement?

Postnuptial or postmarital agreements are similar to prenuptial agreements, except that postnuptial agreements are drafted after the marriage date. The same care and consideration that go into drafting a solid premarital agreement are needed to draft a well-crafted postmarital agreement.

Why Should I Use a Lawyer for a Prenup?

Premarital and postnuptial agreements are very technical documents, and creating an enforceable agreement demands meticulous adherence to various requirements set forth in the California Family Code and case law.

Our postnuptial and prenuptial agreement attorney in San Fernando Valley have extensive experience in the preparation of marital agreements, and we know how to handle the potentially sensitive negotiations between you and your spouse, while also drafting an agreement that will avoid future challenges, stand up to intense scrutiny, and protect your assets.

Protect Your Assets with a Marital Agreement

Marital agreements, such as prenuptial and postnuptial agreements, can provide peace of mind and protect your assets in the event of a divorce. Our experienced attorneys at Joel S. Seidel & Associates can help you navigate the complexities of marital agreements and ensure your interests are safeguarded.

Benefits of having a marital agreement include:

• Clarifying financial rights and responsibilities
• Protecting individual assets acquired before marriage
• Outlining how assets and debts will be divided in case of divorce
• Avoiding lengthy and costly legal battles
• Preserving family relationships by setting clear expectations

Whether you are considering a prenup or postnup, our team is here to provide expert guidance and support throughout the process. today to schedule a consultation with our San Fernando Valley marital agreement attorney.

How to Approach the Discussion of a Prenuptial or Postnuptial Agreement

Discussing a prenuptial or postnuptial agreement with your partner may feel uncomfortable at first, but it’s an important conversation for ensuring financial clarity in your marriage. Here are some tips on how to approach the topic:

• Start Early: Don’t wait until just before the wedding or a major life event to bring it up. Start the conversation early to give both parties time to reflect and discuss.
• Be Honest and Transparent: Share your reasons for wanting a marital agreement. Whether it’s to protect a business, preserve family wealth, or just to have clear financial expectations, openness helps reduce misunderstandings.
• Make It a Collaborative Discussion: Frame the conversation as a way to protect both partners’ interests. Discuss how the agreement can benefit both sides, rather than one partner imposing their wishes on the other.
• Stay Calm and Respectful: Approach the discussion with patience, understanding, and empathy. Acknowledge that it can be a sensitive subject but that it's about security, not distrust.

Common Concerns

Many people worry that discussing a prenup or postnup suggests a lack of trust or is unromantic. Here are a few common concerns and how to address them:

• It’s Unromantic: While it may not feel like the most romantic conversation, a marital agreement can provide both partners with peace of mind and clarity, which can ultimately strengthen the relationship.
• It Suggests I Don’t Trust You: Reassure your partner that a marital agreement is about protecting both parties. It’s not about distrust but about ensuring that both partners have financial protection in case of unforeseen circumstances.

When Should You Consider a Postnuptial Agreement?

A postnuptial agreement is typically drafted after marriage, but there are certain situations where it makes sense to consider one:

• After Major Life Changes: Life events like buying a home, having children, or inheriting assets may change your financial situation. A postnuptial agreement helps address how new assets or responsibilities will be divided.
• Addressing Changing Circumstances: If there are significant changes in your relationship or finances—such as a career shift, a large inheritance, or a change in financial goals—a postnuptial agreement can provide a fresh framework for how both parties will handle finances going forward.

Financial Transparency and Full Disclosure in Marital Agreements

For a marital agreement to be valid, it’s critical that both parties provide full financial disclosure. Here's why it matters:

• Importance of Financial Disclosure: Both partners must fully disclose their assets, debts, and any other financial interests. This transparency ensures that the agreement is fair and that no one is blindsided by hidden finances in the event of a divorce or separation.
• Legal Consequences of Concealing Assets: If one partner fails to disclose assets or is dishonest about their financial situation, the agreement may be invalidated. This can result in serious legal consequences and leave both parties vulnerable during a divorce.

Having full financial transparency from the start will help create an agreement that is fair, enforceable, and beneficial for both partners.

Frequently Asked Questions (FAQs)

• Can a prenuptial or postnuptial agreement be contested in court?
  Yes, a prenuptial or postnuptial agreement can be contested if one party believes it was signed under duress, coercion, or without full financial disclosure. However, if the agreement is fair, both parties have disclosed their assets, and it adheres to legal guidelines, it is likely to be enforceable in court.
• Do prenuptial and postnuptial agreements apply to child custody or support?
  No, marital agreements typically do not address child custody or support. These matters are determined by the court based on the child's best interests. However, financial matters like asset division or spousal support may be addressed in the agreement.
• Can a postnuptial agreement be modified after it’s signed?
  Yes, a postnuptial agreement can be modified, but both parties must agree to the changes and the modification must be in writing. If either party wants to modify the agreement, it’s crucial to follow the legal requirements to ensure it remains enforceable.
• What happens if my partner refuses to sign a prenuptial agreement?
  If one partner refuses to sign a prenuptial agreement, it doesn’t automatically affect the marriage, but it may leave the other partner without the protection the agreement would provide. In such cases, it’s important to carefully consider the reasons for refusal and consult with a family law attorney to explore other options.
• Is a prenuptial agreement only for wealthy people?
  No, a prenuptial agreement is not only for the wealthy. It can benefit anyone who wants to protect individual assets, clarify financial rights, or avoid future legal disputes. For example, it can protect personal savings, business interests, or future inheritances, regardless of wealth.
• How long does it take to create a prenuptial or postnuptial agreement?
  The process of creating a marital agreement can vary, but it typically takes several weeks to a few months. This includes time for both parties to disclose their assets, review the terms, and negotiate any necessary adjustments. Working with an experienced attorney can help expedite the process.
• Are prenuptial or postnuptial agreements only valid in California?
  Prenuptial and postnuptial agreements are valid in most states, but the laws governing them vary by jurisdiction. If you’re moving or living in a different state, it’s important to ensure your agreement complies with that state's laws to ensure enforceability.

Contact Our San Fernando Valley Marital Agreement Attorney

For skilled guidance in marital agreement and other family law matters, contact the attorneys of Joel S. Seidel & Associates. Our offices are in Century City and Northridge, and we serve clients throughout Los Angeles, San Fernando Valley, and Ventura.

Ensure Clarity with a Marital Agreement
Ready to discuss a prenuptial or postnuptial agreement? Contact us today at (818) 435-3773 to get the legal guidance you need.