Rancho Cucamonga Pre- & Post-Nuptial Agreement Lawyers
Developing a Plan for Your Future
During your marriage, you and your spouse will likely acquire property or assets together. When such happens, the items you purchased or invested in are considered community property. This means that in the event of a divorce, those assets will be divided equally per California law. However, you and your spouse might decide that you don't want the State to determine how your belongings are allocated. You may, therefore, choose to enter into a pre- or post-nuptial agreement, which allows you and your spouse to make your own decisions.
When you enter into either a pre- or post-nuptial agreement, you must ensure that the terms are fair and that the document is valid. Otherwise, it may be set aside at court, which means your assets won't be divided as you and your spouse had planned. Because of this, it's important to get the help of a skilled attorney. At Newman & Allen, our Rancho Cucamonga lawyers can provide the legal representation you need. We'll ensure that you and your spouse account for all assets and property, that your wishes are clearly stated, and that the legalities are taken care of. Backed by over 40 years of combined experience, we know how to proceed to protect your rights and best interests.
What's the Difference Between a Pre- and Post-Nuptial Agreement?
Fundamentally, pre- and post-nuptial agreements are the same. They are both legal documents you and your spouse draw up to determine how your property and assets will be divided should you get a divorce.
For either to be valid, they must be entered into voluntarily, and they must be fair.
With a pre- or post-nuptial agreement, you can set rules for many things, including:
- Spousal support
However, you cannot develop conditions for child support or child custody. The law considers these separate matters, as they affect the rights of the children as opposed to those of the spouses.
One of the main differences between pre- and post-nuptial agreements is when they are developed and signed. A pre-nuptial agreement is created before you and your spouse get married. In contrast, a post-nuptial agreement is drawn up after the marriage.
Generally, couples will enter into post-nuptial agreements after or in anticipation of significant life events. For instance, one spouse may have come into money that substantially changes their financial status. Or one spouse may exhibit behavioral changes that may significantly affect property, assets, or debts. Still, in other cases, post-nuptial agreements are developed because the couple never got around to finalizing a pre-nuptial agreement.
Another thing that distinguishes the two documents is when they are considered valid. For a pre-nuptial agreement, it will take effect once you and your spouse are married. A post-nuptial agreement, on the other hand, is not considered valid unless a court deems it so.
Although it's not required to have an attorney review your agreement, it's beneficial to have legal representation when drawing up either. Listening to and understanding your circumstances, our Rancho Cucamonga pre- and post-nuptial agreement lawyers can help you develop a document for your specific situation that meets legal requirements.
For Skilled Legal Representation, Reach Out to Our Firm Today
Whether you're seeking to develop a pre- or post-nuptial agreement, our team at Newman & Allen can guide you through the process. Anything concerning the law can be complicated, and we'll explain everything to you in clear terms to make sure you understand your rights and obligations.
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