San Bernardino Prenuptial Agreement Lawyers
Having a prenuptial agreement is the best way to protect assets in a marriage. If you have property or wealth that you are bringing into a relationship, seeking a San Bernardino prenuptial agreement attorney to draw up a prenuptial agreement is prudent.
While most people find it unromantic to discuss a prenuptial agreement, having the discussion is recommended for every couple. Marriage and relationships are unpredictable. A prenuptial agreement is a solid agreement that will make the transition easier, should your marriage dissolve. People with businesses, children from previous marriages, and sizeable inheritances are the best candidates for a prenuptial agreement. Your San Bernardino prenuptial agreement lawyer can draw up an agreement that is fair for all parties involved.
Understanding Prenuptial Agreements
A prenuptial agreement stands as a crucial legal document that both soon-to-be spouses sign before entering into marriage. This contractual arrangement distinctly outlines the division of debts and marital assets in the event of a divorce. Typically, it enumerates the assets and liabilities that each partner brings into the marital union. The creation of a prenuptial agreement empowers you and your future spouse to exercise substantial control over the terms, though some limitations exist.
It is crucial to note that while many aspects of the agreement are within your control, child support and child custody matters are often excluded. However, there is flexibility in creating provisions for child support that surpass court-ordered amounts or address specific needs. This could be funding a child’s college education or providing for an adult child with special requirements. Our dedicated team at the Law Office of Joyce Holcomb is adept at guiding you through all aspects of prenuptial agreements and ensures clarity and fairness in your legal arrangements.
Benefits of Signing a Prenuptial Agreement
Signing a prenuptial agreement can offer invaluable benefits, as it provides clarity and protection for both parties involved. Below are some of the top benefits of signing a prenuptial agreement.
- Property protection: One of the primary advantages of a prenuptial agreement is safeguarding your property. If you have substantial separate personal assets, the agreement allows you to clearly designate which property each person retains in the event of a divorce. This proactive step helps prevent costly and contentious litigation.
- Debt allocation: A prenuptial agreement enables you to assign specific debts to each partner. If your spouse carries significant debts at the onset, this agreement can shield you from assuming those financial liabilities in the event of a separation. It provides a structured approach to financial responsibilities and contributes to financial stability.
- Stress reduction: Discussing potential future scenarios, including separation, before engagement may seem challenging, but it ultimately fosters open communication and reduces stress. When you address these matters early on, you and your spouse can establish a fair and comprehensive plan for the division of assets. This proactive approach helps avoid the emotional turmoil often associated with divorce and makes the entire process less stressful.
What Can Be Included in a California Prenuptial Agreement?
In California, the Uniform Premarital Agreement Act sets forth the parameters governing the content of prenuptial agreements. The Law Office of Joyce Holcomb ensures that your prenuptial agreement adheres to these guidelines and provides comprehensive protection for your assets.
California prenuptial agreements have the flexibility to cover various financial aspects, including:
- Income: Clearly outlining how income will be handled during the marriage and in the event of a divorce.
- Earnings: Specifying the treatment of earnings acquired by either spouse during the course of the marriage.
- Real estate: Addressing the division or maintenance of real estate properties owned by either party.
- Financial and/or business interests: Defining the approach to financial and business assets acquired individually or jointly.
- Other present or future assets: Encompassing a broad spectrum of assets, whether acquired before or during the marriage.
- Debts: Outlining the responsibility for debts incurred by either spouse before or during the marriage.
It is worth noting that spousal support can also be incorporated into a California prenuptial agreement. However, this inclusion is contingent upon both parties seeking independent legal counsel before signing the agreement. At the Law Office of Joyce Holcomb, our seasoned team of attorneys is ready to address any queries you may have regarding the inclusion of specific financial assets in your prenuptial agreement.
What Cannot Be Included in a California Prenuptial Agreement?
Contrary to portrayals in television shows or movies, certain clauses are deemed unenforceable in California prenuptial agreements. At the Law Office of Joyce Holcomb, we emphasize the importance of understanding these limitations to ensure the validity and fairness of your legal contract.
- Child custody or child support details: California prenuptial agreements cannot dictate terms related to child custody or child support.
- Requirements for illegal acts: Any stipulations mandating one spouse to commit illegal acts are strictly prohibited and unenforceable.
- Non-financial relationship terms: Clauses attempting to regulate non-financial aspects of the relationship, such as behavior or lifestyle choices, are not considered valid in California prenuptial agreements.
- Unfair, unjust, deceptive, or exploitative terms: Terms that are deemed unfair, unjust, deceptive, or exploitative will not be upheld by the court. It is essential to ensure that the terms of the agreement are reasonable and equitable.
Understanding the boundaries of what can and cannot be included in your prenuptial agreement is as crucial as the agreement itself. The Law Office of Joyce Holcomb is committed to providing you with the knowledge and guidance needed to make informed decisions about the contents of your California prenuptial agreement. Our experienced team in San Bernardino is here to protect your legal rights and ensure the integrity of your contractual arrangements.
Conversation with Prenuptial Agreement Attorney In San Bernardino
Marriages are a form of a business contract. Finances are usually merged, so it is sensible to have a plan for how those will be divided should the marriage end. Start the conversation about the prenup early. Don’t spring it on your partner the week before the wedding!
Asking your partner to sign a prenuptial agreement can be difficult. The idea of these agreements may bring up feelings of distrust and long-held emotional beliefs about money. However, they are often a way to strengthen your bond. Starting a conversation about money can assist in determining equitable financial arrangements that will guide you through your union.
Other Practice Areas and Resources:
- Child Custody
- Child Support
- Grandparent’s Rights
- Modification of Judgement
- Domestic Violence
- Spousal Support
- Commonly Asked Questions
- Testimonials of Law Office of Joyce Holcomb
- Attorney Profile – Joyce M. Holcomb
Contact! Prenuptial Agreement Attorneys in San Bernardino, CA
When you are ready to start the prenuptial agreement conversation, there are great prenuptial agreement lawyers in San Bernardino that can help you make the arrangements. Contact the Law Office of Joyce Holcomb at 909-889-7111 to get started today!