How to Get a Prenuptial Agreement in Orange County

When you get married, the last thing you want to consider is what life may be like if the relationship ends. That said, it’s important to be prepared for anything because you’re not only joining your lives romantically; you’re intertwining the financial aspects of your lives, too. It can be helpful to understand prenups as well as how to get a prenuptial agreement in Orange County. Then, you can know all your options for protecting your assets.

Fortunately, you don’t have to navigate this entire process by yourself. In fact, it’s highly recommended to hire a prenuptial agreement lawyer. That way, you can be sure you’re creating a comprehensive contract that is legally binding and covers all your needs.

Orange County Prenuptial Agreement Laws

Prenuptial agreements are signed contracts between two partners before they get married. These agreements allow spouses to make decisions about financial entitlements, property, and other assets in the event they get divorced. California is a 50-50 divorce state, so shared property is usually split evenly between spouses. With a prenup, you can determine new rules for what happens to your assets instead of relying on the standard rules for getting divorced in California.

Approximately 65 percent of homeowners in California are married couples, and the median price of homes sold in Orange County in recent years has been around $1.2 million. When these married couples go through a divorce, they must determine how to divide their shared assets, which includes their home.

By working with a prenup attorney, you can address all your potential concerns about your marital property. That way, you and your spouse can be ready if you end up getting divorced. California has one of the lowest divorce rates in the country, coming in at about 5.88 per 1,000 women.

Still, it’s important to prepare when you get married, just in case. For a prenuptial agreement to be valid in California, it must be written, signed by both parties, and notarized. It’s possible to create this contract on your own, but it’s highly recommended to hire a prenuptial agreement lawyer instead.

Without a legal professional on your side, it’s on you to:

• Learn all the Orange County prenuptial agreement laws.
• Understand how to create and finalize a contract that covers all your needs.
• Contend with the emotional side of the process.

A prenup attorney can explain your legal options so you can be prepared for any possibility.

Limits of Prenuptial Agreements in Orange County

Prenuptial agreements can cover a wide range of issues regarding your assets. Specifically, they allow you to determine what is going to happen to your marital property in a hypothetical divorce. That said, there are limitations on what you can include in a prenup.

California courts may not approve a prenuptial agreement if it includes:

• Any decisions that cannot be settled financially
• Clauses requiring either party to do something illegal
• Deceptive, exploitative, or unjust terms
• Decisions about child custody or child support

You also can’t include decisions about spousal support if the spouse who signed the agreement was not given legal counsel beforehand. It’s important to understand how to create a legal contract that California courts can approve. A prenup attorney who’s familiar with Orange County prenuptial agreement laws knows how to do so.

FAQs

Do I Have to Hire a Prenuptial Agreement Lawyer in Orange County?

You aren’t required to hire a prenuptial agreement lawyer to get a prenup in California, but it’s highly advised that you consult a legal professional. An attorney can explain Orange County prenuptial agreement laws and provide advice on how to proceed with your case. They can also manage any challenges that may arise during the process.

How Much Does It Cost to Hire a Prenuptial Agreement Lawyer in Orange County?

The exact cost of hiring a prenup attorney can vary, depending on the details of your situation. Generally, more complex cases that involve higher-value assets are going to involve more support from an attorney than a simple, straightforward agreement.

You can expect an Orange County prenup attorney to charge a flat fee, hourly rate, or retainer, depending on their fee structure. Typically, you can ask for a more detailed estimate in an initial appointment.

What’s the Difference Between a Prenuptial and Postnuptial Agreement in Orange County?

Prenuptial agreements and postnuptial agreements allow you to make decisions regarding your assets in relation to a marriage. The difference is that prenuptial agreements are created before a marriage is made official, while postnuptial agreements are created after the fact. These types of agreements can cover a wide array of issues regarding your finances and other assets.

When Do I Need to Have a Prenuptial Agreement Finalized in Orange County?

There is no specific timeframe for when you must have a prenuptial agreement finalized, so long as you complete it before you get married. It’s wise to be as quick as possible when creating a prenup. That way, you can have everything settled, and you can focus on the more positive aspects of getting married.

Hire a Prenuptial Agreement Lawyer for Your Legal Needs in Orange County

Creating a legally sound prenuptial agreement can be complicated, especially if you’re trying to do everything on your own. Fortunately, you don’t have to navigate the process by yourself. When you hire a prenuptial agreement lawyer, you can be reassured by working with legal professionals who have experience in Orange County prenuptial agreement laws.

The Law Offices of Ronda A. Middleton has over two decades of experience in settling family law cases throughout Orange County and Southern California. We can guide you through the creation of your prenuptial agreement and make sure all your needs are satisfied. We can also help you modify any existing agreements to reflect changes in your life.

If you’re ready to discuss your situation in more detail, contact the office to set up an appointment with a trusted prenup attorney today.