A premarital agreement, also known as a pre-marital agreement, prenuptial agreement, or a prenup, can prepare and protect your support, property and other interests in the event that your marriage ends in divorce. At the Law Offices of Evan Braunstein, Century City premarital agreement attorney Evan Braunstein is trained and experienced in the latest premarital agreement law.
Entering into a premarital agreement offers many advantages, most notably protection and assurance about what will happen if the marriage ends in divorce. If the marriage ends, litigation over financial issues can be avoided if an agreement is in place. Entering into an agreement before marriage can allow some people to marry who otherwise cannot afford the financial risk of marriage. If there are children from a previous marriage, their stake in any property or assets that they stand to inherit can be protected. A premarital agreement can also clarify the responsibility of partners with regard to preexisting debts, which may reduce marital stress and improve the quality of a marriage.
The most important elements to a Century City prenuptial agreement are disclosure and independent representation. Disclosure means the full and accurate revelation of all income, assets, debts and opportunities that exist at present and in the foreseeable future. A party must fully understand what property rights are waived for the waiver of those rights to be effective. Independent representation means that with limited exceptions, each party must consult with a separate attorney to review, discuss, and sign off on the agreement. If a court later finds that a premarital agreement was not accompanied by full disclosure and independent representation, it can refuse to enforce the agreement. In such a case, California divorce law (including community property and spousal support) is applied.
The Law Offices of Evan Braunstein provides a variety of family law services. Call or email us to schedule a consultation with our Century City premarital agreement lawyer regarding a premarital agreement.