Riverside Prenuptial Agreements Lawyer

Riverside Prenuptial Agreements Attorney

Getting married is an exciting time, which makes it easy to disregard the importance of safeguards such as prenuptial agreements, or prenups. However, these documents can protect your assets if you later decide to divorce. A Riverside prenuptial agreements lawyer can help you create a comprehensive prenup that gives you peace of mind when entering into a marriage.

Experienced Prenuptial Agreements Attorneys in Riverside

Edgar & Dow has over 20 years of experience helping Southern Californians with family law matters, including prenup cases. Our attorneys’ knowledge of California’s prenup laws and attention to detail enable us to provide a custom prenup that thoroughly addresses your assets and concerns.

The Importance of Having a Prenuptial Agreement

Prenups allow couples to determine how their assets are divided in case of divorce. While it may seem like a prenup only benefits individuals with high assets and net worth, prenups can be a valuable tool for anyone. A prenup can help anyone protect their assets, avoid taking on their partner’s debt, or avoid lengthy and expensive litigation.

The Uniform Premarital Agreement Act (UPAA) is a California law that allows a properly written, signed, and notarized prenup to be legally enforceable. This means the terms in your agreement can be adhered to, and you can avoid many negotiations or court hearings during a divorce. A prenup is effective as soon as you are married, and it does not expire or weaken over time.

Many couples who sign a prenup enter marriage with peace of mind and benefit from the open communication required when drafting a prenup. Financial transparency and open discussion about money help couples avoid secrecy around their finances. By ensuring they are on the same page before marriage, they may be less likely to have conflicts relating to their finances later on.

What Assets Can Be Protected by a Prenup?

A prenup covers many important financial decisions and assets, such as the division of assets, the division of debt, and even spousal support. The average age to get married in California is 32.1 for men and 30.4 for women, meaning many people have grown their financial assets before marriage.

Assets commonly included in a prenup include:

• Property. By noting which properties are to be treated as separate property versus marital property, a prenup can be used to divide property, including your primary residence and any additional real estate.
• Debt. Including a plan for dividing debt after marriage can prevent you from taking on additional debts your partner brought into the marriage. Since debt is typically considered marital property, preventing an equal split can help avoid financial hardship.
• Spousal support. In a prenup, you and your partner can agree whether spousal support will be paid after a divorce. In a prenup, you can waive spousal support or set specific limits on the amount or duration.
• Inheritances. Making a plan to keep future inheritances or gifts separate in the case of a divorce ensures that you receive the inheritance meant for you.
• Retirement savings. Retirement accounts such as 401(k)s are typically considered marital property. In a prenup, you can decide how to split your retirement accounts or if they are to be treated as separate property.
• Businesses. Business owners may wish to ensure that their business is considered separate property during and after a divorce to ensure financial stability and business continuity. A prenup can include the future growth or income from this business as well.

Why Hire a Prenuptial Agreements Lawyer

Creating a prenup before obtaining your marriage license at the Riverside County Clerk’s Office can give you peace of mind when entering the marriage. A lawyer’s assistance is essential during this process, as a Riverside prenuptial agreements lawyer can:

• Create a comprehensive list of your assets
• Ensure the prenup meets legal requirements
• Protect future appreciation or growth
• Facilitate negotiation and open communication between couples

FAQs About Prenuptial Agreements

What Is the Seven-Day Rule for Prenups in California?

California’s seven-day rule for prenups requires that the final version of the agreement be presented to the other party at least seven days in advance of signing. You must adhere to the seven-day rule, as signing a prenup before the seven-day mark could invalidate it. This rule allows time to review and consider the terms. It can make the process of changing or refining certain terms easier than if the prenup were signed immediately.

Can You Include an Infidelity Clause in a Prenup?

No, you should not include an infidelity clause in a prenup, as it risks invalidating the entire agreement. California follows a no-fault divorce policy, meaning divorce is typically based on irreconcilable differences but doesn’t place fault or blame on one party. Financial penalties for infidelity in a prenup do not align with a no-fault divorce, so they often will not be enforced by California courts.

Can You Change or Replace a Previous Prenup?

Yes, you are able to change or replace a prenup. The seven days before signing a prenup make it possible to identify immediate changes, but you can also use a postnuptial agreement, or postnup, if you are already married. Like a prenup, a postnup requires mutual agreement and consent, and it can amend or replace a prenup to account for changes in your financial situations or new assets.

Can You Use a Prenup to Prevent Child Support in California?

No, you cannot use a prenup to prevent paying child support, even if one person agrees that they are willing to be solely responsible for the child. California courts view both parents as responsible for providing for a child, so child support will be determined by a judge regardless of a prenup. Since a child support clause is not enforceable, it could threaten the validity of your prenup to include this clause.

Speak With a Riverside Prenuptial Agreements Attorney Today

If you are engaged, now is a good time to protect your assets. Contact Edgar & Dow today to hire a prenuptial agreements lawyer who can help you create an agreement that protects your interests before the altar.