Easy Questions  
Free Legal Documents

Orientation to Pre-Nuptial Agreements in Adin, CA

Orientation to Pre-Nuptial Agreements in Adin, CA


A successful marriage requires falling in love many times, always with the same person.
 
- Mignon McLaughlin


Overview of Prenuptial Agreements

A prenup is a contract entered into prior to marriage, civil union or any other agreement that typically includes provisions for division of property and spousal support in the event of divorce or breakup of marriage. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery; guardianship of children or pets, paying off of debts, estate planning or any other legal agreements that a couple would like to include.

Premarital agreement is a newer term used to refer to this document. In some states it is called an antenuptial agreement or simply a contract. If contact or agreement is signed after marriage it is known as postnuptial or marital agreement.

Who Needs a Prenuptial Agreement?

Prenups are not just for affluent people. This is commonly perception because prenuptials are often used as a means to protect the assets of the rich. Presently, couples of modest means use this agreement as a means to achieve their goals such as:

• Passing on separate properties to children from prior marriage. Having a prenuptial agreement by couples who have children from prior marriages can be a binding document which can be used to bequeath their respective children property if they pass away. The surviving spouse can usually claim a larger share of the property in the absence of a prenuptial agreement.

• Financial rights. This document can clarify the financial rights and responsibilities of couples, with or without children, wealthy or not.

• Avoid conflict during a possible divorce in the future. Having a prenuptial agreement can prevent potential arguments about the financial settlements and division of property during a divorce. Less uncertainty may lead to less acrimony. Some states will scrutinized heavily if a spouse gives up the right to alimony. It may not be enforced if it was found that the spouse did not understand what they were signing.

• Get protection from debt. Prenups can address a variety of issues and can help protect spouses from each other's debts.


Having No Prenuptial Agreement

During divorce or death, state law will determine who will own the property acquired during the course of marriage when no prenuptial document is available. Depending on the state, this acquired property may be known as marital or community property.

Since marriage is considered as a contract between two people, certain automatic property rights can accompany the union. Without a prenuptial agreement, the spouse has the right to:

• Shared ownership. Property acquired during the course of marriage is expected to be divided by the spouses in case of death or divorce.

• Debts incurred during marriage that the other spouse may have to pay

• Marital or community property, which has to be shared in terms of management and control. The spouse can have the right to sell or give it away.


These are just a few of the things that may occur in a marriage without a prenuptial agreement. If this is not your preference, signing a prenup agreement is a good way to let you and your partner decide how your property should be handled. These laws are also known in other names such as marital property, probate laws and divorce.

How to Make Sure Your Prenuptial Agreement is Valid

Historically, courts were suspicious of prenups because they usually involved a waiver of legal and financial benefits by a less wealthy and less financially sophisticated spouse. As divorce and remarriage have become more prevalent, and with more couples opting for prenups, courts are increasingly willing to enforce premarital agreements. Nevertheless, a prenup that is judged unfair or otherwise fails to meet state requirements will still be set aside.

It is important that you negotiate and write up your agreement in a way that is clear, understandable, and legally sound. You can check out a free preview of a prenup at 1-2-Law.

 
Edit, Download, & Print a Free
California Premarital
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Related Legal Services near Adin, CA
Klika Parrish & Bigelow
959 E Walnut St
Pasadena, CA 91106
(626) 796-9998
General Practice Attorneys, Attorneys, Legal Service Plans
Walton Lorrie A
2300 E Katella Ave # 435
Anaheim, CA 92806
(714) 978-9988
General Practice Attorneys, Attorneys
Warshaw Adam
1918 W Magnolia Blvd # 101
Burbank, CA 91506
(818) 972-9927
Construction Law Attorneys, Attorneys
Schwartz Law Offices
9000-S Crow Canyon Road, No. 399
Danville, CA 94506
(831) 331-9909
Bankruptcy Law Attorneys,  Business Litigation Attorneys,  Divorce Attorneys,  Estate Planning Attor
Kobernick Todd E
2448 Historic Decatur Rd
San Diego, CA 92106
(619) 224-9889
Attorneys, Legal Service Plans
Lum A Justin
1005 E Colorado Blvd # 209
Pasadena, CA 91106
(626) 395-9888
Patent, Trademark & Copyright Law Attorneys, Attorneys, General Practice Attorneys, Legal Service Pl
Perera J Rex
900 W 17th St
Santa Ana, CA 92706
(714) 550-9830
Immigration Law Attorneys, Immigration & Naturalization Consultants, Attorneys
Cero Debts
1475 S State College Blvd
Anaheim, CA 92806
(714) 780-9756
Attorneys,  Business Bankruptcy Law Attorneys,  Bankruptcy Law Attorneys,  Bankruptcy Services
Mccabe Patricia
7100 Hayvenhurst Ave
Van Nuys, CA 91406
(818) 907-9726
Attorneys, Social Security & Disability Law Attorneys, General Practice Attorneys, Legal Service Pla
David J. Givot
3780 Kilroy Airport Way Suite 200
Long Beach, CA 90806
888-293-0396
DUI & DWI Attorneys,  Drug Charges Attorneys,  Legal Service Plans,  Criminal Law Attorneys,  Attorn
Accident Recovery Legal Center Of Northern California
1184 Monroe St
Salinas, CA 93906
(888) 931-9675
Employee Benefits & Worker Compensation Attorneys,  Accident & Property Damage Attorneys,  Personal
Aria Law Group A Professional Law Corporation
260 Sheridan Avenue Suite 200
Palo Alto, CA 94306
(650) 391-9630
Business Law Attorneys,  Personal Injury Law Attorneys,  Estate Planning, Probate, & Living Trusts
Rosenberg Jas
1702 N Main St
Santa Ana, CA 92706
(714) 953-9561
General Practice Attorneys, Attorneys
Matthew C. Mullhofer
2107 N Broadway
Santa Ana, CA 92706
(866) 698-9478
Attorneys, Tax Attorneys, Real Estate Attorneys, Legal Service Plans, Estate Planning Attorneys
Niswonger J
3233 Arlington Ave
Riverside, CA 92506
(951) 367-9441
General Practice Attorneys, Attorneys, Legal Service Plans
Joseph P Connolly Inc
1616 23rd St
San Pablo, CA 94806
(510) 234-9436
General Practice Attorneys, Attorneys
Paralegals Who Care
12535 Oxnard St Apt 201
North Hollywood, CA 91606
(818) 505-9436
Paralegals
Peters Carol Atty
1100 E Green St # 1
Pasadena, CA 91106
(626) 793-9383
Attorneys, Legal Service Plans, Criminal Law Attorneys, Litigation & Tort Attorneys, Estate Planning
Attorney Assistance
2100 Embarcadero
Oakland, CA 94606
(510) 893-9333
Attorneys Referral & Information Service, General Practice Attorneys, Attorneys
Cleveland & Metz
3890 11th Street
Riverside, CA 92506
(951) 275-9262
Workers Compensation Assistance,  Accident & Property Damage Attorneys,  Employee Benefits & Worker
Corrons-Hickey & Hickey
930 W 17th St
Santa Ana, CA 92706
(714) 550-9211
Bankruptcy Services,  Attorneys,  General Practice Attorneys,  Legal Service Plans,  Bankruptcy Law
We The People
963 E Colorado Blvd
Pasadena, CA 91106
(626) 219-9200
Paralegals, Legal Document Assistance, Attorneys
Hurr Lauren S
19725 Sherman Way
Winnetka, CA 91306
(818) 812-9192
Bankruptcy Law Attorneys, Attorneys
Sun Raymond
20 Corporate Park # 155
Irvine, CA 92606
(949) 252-9180
General Practice Attorneys, Attorneys, Legal Service Plans
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US