As you enter into your marriage relationship, you and your soon-to-be spouse may decide that you would like to enter into a premarital agreement to plan for the unexpected. As you are getting ready to take this exciting new journey together, the attorneys at Mach Law ensure this process will be smooth and stress-free. We can assist you with preparing and reviewing a prenuptial agreement that you and your partner agree is best for your future.
There are several benefits to entering into a prenuptial agreement, including protection of premarital assets, clear identification of separate and community property assets, and how all assets would be divided in the event of a separation, divorce or death. Many times, individuals who own a business or other valuable assets that they obtained prior to marriage or parties who are getting married for a second time and want to preserve their estate for their children, consider prenuptial agreements.
A prenuptial agreement must comply with certain legal criteria in order to be considered valid and binding. In California, the Uniform Premarital Agreement Act (UPAA) sets forth the legal requirements of a valid and binding prenuptial agreement. It is important to involve an attorney to represent you in the drafting and negotiation of the prenuptial agreement not only to protect your rights and assets but to ensure that all the legal procedures for a valid prenuptial agreement are properly executed.
A postmarital agreement serves the same purpose as the premarital agreement but it is entered into after a couple is married. Like a premarital agreement, it sets forth how things such as assets and debts would be divided in the event of a legal separation or divorce.
Postmarital agreements must also comply with proper legal procedures and criteria in order to be enforceable and valid. For example, you should be aware that in California, the law stipulates that a married couple has the highest level of fiduciary duty to each other. Thus, it is important to obtain the guidance of an experienced attorney to help navigate the technical procedures and protect your assets.
The attorneys at Mach Law are knowledgeable and experienced in preparing enforceable premarital and post marital agreements. We will listen to your concerns and ensure that your individualized needs and circumstances are addressed.
Mach Law Is Here to Serve Your Legal Needs
Mach Law is dedicated to serving San Diego’s family law needs. You may be overwhelmed or going through a difficult time and we would be honored to be at your side to advocate on your behalf and guide you through the legal process. Let us help you and your loved ones. Contact us for all of your questions regarding family law with a free consultation by giving us a call at (619) 398-3468 today.