Fullerton Prenuptial Lawyer

A Fullerton prenuptial lawyer from the Law Offices of Ronda A. Middleton can support you and your fiancé in crafting a thoughtful and thorough prenuptial agreement so that you can feel comfortable and at ease going into your marriage. When it comes to implementing your agreement, we will help you carefully consider matters such as financial assets and property division.

When couples enter into a marriage agreement, the last thing that they will want to consider is the possibility of ending their family through divorce. Thus, unfortunately, prenuptial agreements tend to carry a negative connotation. However, a prenuptial agreement is a valuable tool that can help protect each spouse in the case of unforeseen circumstances and can help set financial priorities and boundaries within a marriage.

Understanding And Creating Premarital Agreements

A prenuptial agreement or “prenup” can be an important educational and financial planning tool for an engaged couple. Today, as couples often marry after they have established their careers, each of them may own their own property. Few spouses-to-be want to simply give up their separate property, but many people do not realize the full consequences of marriage with regard to their property. Expensive, complex problems can arise in a dissolution action because parties fail to consider the possibility of divorce before marriage and fail to take the steps necessary to protect what they may already own.

Ronda A. Middleton offers years of experience practicing family law and is a strong advocate of premarital agreements. A premarital agreement is something like an insurance policy that can save thousands of dollars and prevent escalation of animosities in the event of a divorce. As the old saying goes, “A stitch in time saves nine.” This is especially true if one person in a pending marriage has children from a previous relationship, already owns a home or a business, has intellectual property that he or she has created, or has substantial personal investments. If you consider your hard-earned assets worth protecting, contact our experienced attorney to discuss a premarital agreement.

In Favor of The Prenuptial Agreement

When they are in love and planning a marriage or registering as domestic partners, no couple wants to contemplate the possibility that their relationship might not continue “happily ever after.” However, the hard reality is that more than 50% of marriages end in dissolution. It is, unfortunately, a possibility that is foolish to ignore. Before parties marry without a premarital agreement, we recommend that they read the book “Prenups for Lovers: A Romantic Guide to Prenuptial Agreements,” by Arlene G. Dubin.

If a couple cannot have meaningful conversations regarding money, property, and finances BEFORE marriage, the probability of success for their marriage may be slim at best. Honesty and openness about finances and expectations, on the other hand, can be a good sign of mutual trust. We believe that once both parties of a couple have completely disclosed their assets and liabilities, they can work together to reach an economic understanding.

A premarital agreement can greatly assist in determining property division in the event of a divorce or dissolution of a domestic partnership. Proper premarital planning can also significantly reduce the time and expense involved should the marriage or domestic partnership break up.

What Are the Limitations Of An Orange County Prenuptial Agreement?

While a prenuptial agreement can cover many topics and is a critical tool for determining what individual property is going into the marriage, there are some limitations to what it can include. This means that if the prenuptial agreement contains any of the following items, then the California courts will not approve it:

• A clause or item that requires one or both of the spouses to do something illegal.
• Any agreement terms that would be unjust, deceptive, or exploitative.
• Any mention of child support or child custody. This cannot be determined ahead of a marriage.
• Any terms that cannot be financially settled, such as suggesting that a spouse must dress a certain way.
• Any terms that relate to spousal support if the spouse who signed did not have adequate legal counsel.

A family lawyer from the Law Offices of Ronda A. Middleton can help you draft a comprehensive prenuptial agreement that covers a wide range of essential issues while staying within the bounds of the law. They can carefully balance your priorities and the allowance of prenuptial terms to find a solution that works for everyone.

Can My Fullerton, CA Prenup Be Invalidated?

Yes, it is possible to have the prenuptial agreement that you and your spouse signed invalidated if certain key steps and measures are not adhered to. This is because a prenuptial is a legal document, and therefore, the terms are legally enforced. It must be properly executed when drafted and signed.

This means that if the prenuptial agreement was only a verbal conversation or an exchange of texts, then it is not considered to be valid. It’s also important to note that if the couple doesn’t marry, the document will not be implemented.

Consult With an Experienced Attorney About A Prenup

At The Law Offices of Ronda A. Middleton, your well-being and best interests will always come first. To discuss the creation of a prenuptial agreement for your California marriage or domestic partnership, call 714-680-9777 or complete our simple online inquiry form.