Lawyers – Working With Clients To Create Fair Agreements Prior To Marriage
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A prenuptial agreement is a legal document that is signed and approved by two people who are planning on getting married in the future. The purpose of a prenuptial agreement is to plan how property will be divided in the event that the couple decides to divorce. Prenuptial agreements can also include terms on other issues, such as spousal support, however, property division is the main focus of most agreements.
Talking about a prenuptial agreement isn’t exactly romantic. The last thing that a couple that is getting married wants to think about is getting divorced, but it’s important to accept that this is a real possibility.
By working with a family law attorney on a prenuptial agreement, couples can ensure they are both protected if their marriage ends. To learn how a prenuptial agreement can benefit you, contact Fischer & Van Thiel LLP today.
What Is The Difference Between Prenuptial and Postnuptial Agreements?
Prenuptial and postnuptial agreements are similar documents that help a couple prepare for life after a possible divorce. However, there is one major difference between the two documents. A prenuptial agreement is written and signed before a couple is married, whereas a postnuptial agreement is not finalized until after the couple is already married. Therefore, couples who regret not signing a prenuptial agreement before getting married can work with an attorney at law to create a postnuptial agreement instead.
What Are the Benefits of Prenuptial Agreements?
Many people think of prenuptial agreements as unromantic or negative, but in reality, these are practical documents that can benefit many couples if they ever get divorced.
By resolving issues related to property division and spousal support in advance, couples can avoid a messy divorce in the future. If everything is outlined in a prenuptial agreement, the divorce can be finalized quickly and without conflict. Not only can this help spouses stay friendly with one another after a divorce, but it can also significantly reduce the cost of a divorce.
Prenuptial agreements can also benefit each spouse financially. People who have a lot of assets can sign an agreement to ensure they do not lose a lot of them during their divorce. An agreement can also protect specific assets, such as family heirlooms or sentimental property. Protecting your finances is especially important if you have children from another marriage that you want to be able to continue to provide for after a divorce.
People who are not as financially stable as their soon-to-be spouse can benefit from signing a prenuptial agreement, too. Anyone in this position can make sure the prenuptial agreement includes spousal support terms, so they are not in a bad financial state immediately after the divorce.
Find out how a prenuptial agreement can protect your future by calling Fischer & Van Thiel LLP to speak with one of our experienced prenuptial agreement lawyers.
How Can A Lawyer Help With Prenuptial Agreements?
Each party that is signing the prenuptial agreement will need an attorney to assist with this process. There are several reasons why it’s imperative to work with an attorney instead of attempting to create a prenuptial agreement on your own.
First, the prenuptial agreement may not be enforceable if it both parties did not have their own attorneys at the time it was created. This is because prenuptial agreements can be complex, so the state of California wants to make sure that both parties know what they are signing.
If an agreement is unenforceable, this means the couple will have to go through the divorce process as if the agreement never existed. Any protection that would have been offered by the prenuptial agreement is no longer valid in your divorce.
Having an attorney is also important because he can negotiate the terms of the agreement with the other party’s lawyer to ensure your demands are met. If an attorney believes that the prenuptial agreement is one-sided, he can request that changes be made to make it more balanced. An attorney will always protect your best interests, so he will not let you sign an agreement unless he believes it is fair.
Working with an attorney will protect your relationship, too. Let the attorneys discuss the details of the prenup and hammer out a final agreement. If attorneys are in charge of the prenuptial agreement, couples can focus on each other and their lives together instead of arguing over who gets what in the event of a divorce.
Contact A Lawyer At Our Law Firm to Schedule A Consultation
Are you interested in signing a prenuptial agreement before getting married? If so, reach out to an experienced prenuptial agreement attorney at Fischer & Van Thiel LLP. Our divorce and family law attorneys have nearly 40 years of accumulated experience serving clients who are starting their lives together. Some of our other practice areas include child custody, child support, mediation services, domestic violence restraining orders, paternity issues, legal separation, and divorce.
Fischer & Van Thiel LLP currently has four law offices located in Carlsbad, Oceanside, San Marcos, and San Diego, however, we serve clients throughout San Diego County, North County, and the Southern California area. Clients are welcome to schedule a consultation at the law office that is closest to them.
During this consultation, we will review your case, discuss your issues and concern about prenuptial and postnuptial agreements, provide legal advice, and go over the fees we charge for attorney representation. To schedule a consultation, please call 760-722-7646 or send us an email by filling out the form on our website today.