Prenuptial and Postnuptial Agreements in Beverly Hills, CA
Amid changing financial circumstances, marital conflict, or debt management concerns, married couples may consider postnuptial agreements as a way to protect their assets, clarify financial responsibilities, and re-establish trust. When creating a postnuptial agreement, having a knowledgeable attorney by your side can make all the difference.
Attorney Karen S. Brown, a certified family law specialist based in Beverly Hills, California, offers attentive and knowledgeable legal support to clients throughout California, including Santa Monica, Culver City, West Hollywood, Los Angeles, Glendale, Pasadena, Torrance, Long Beach, Orange County, and beyond.
With over four decades of experience handling family law cases, including complex property divisions and high-asset divorces, she brings a wealth of knowledge and a meticulous approach to every case. When you choose to work with Ms. Brown, you can expect a process that is thorough, respectful, and tailored to your unique needs.
Understanding Postnuptial Agreements in California
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Potential Reasons for Postnuptial Agreements
There are several reasons why couples opt for postnuptial agreements. These may include protecting separate property acquired during the marriage, clarifying financial expectations, protecting the financial futures of children from previous relationships, or even reconciling marital issues by addressing financial concerns.
Some of the more specific reasons a couple might choose to draft a postnuptial agreement include:
- New financial circumstances: Significant changes like receiving an inheritance, starting a business, or acquiring substantial assets
- Debt management: To protect one spouse from the other's debts
- Marital issues: To address financial concerns and improve transparency and trust within the marriage
- Business interests: To promote the continuity and protection of a family business
California Laws and Statutes on Postnuptial Agreements
California recognizes postnuptial agreements under the California Family Code. For these agreements to be valid and enforceable, they must meet certain criteria:
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Common Legal Terms in Postnuptial Agreements
If you’re considering a postnuptial agreement, understanding a few key terms and their definitions can help illuminate the legal options available to you through this contract. Some of the key terms to know when creating a postnuptial agreement include:
Community property: In California, assets and debts acquired during the marriage are considered community property and are subject to equal division upon divorce.
Separate property: Property owned by one spouse before the marriage, or acquired by gift or inheritance during the marriage, which remains the individual property of that spouse.
Spousal support: Financial support paid by one spouse to the other after a separation or divorce, intended to help the lower-earning spouse maintain a standard of living similar to that enjoyed during the marriage.
Engaging a knowledgeable attorney like Karen S. Brown can provide continued clarity as you go through the process of creating your ‘postnup,’ as she will address your specific concerns and offer solutions tailored for your unique circumstances.
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How Do Postnuptial Agreements Impact Community Property?In California, which is a community property state, assets and debts acquired during the marriage are typically divided equally upon divorce. A postnuptial agreement can override this default rule by specifying how particular assets and debts should be handled, thus providing more tailored financial arrangements.
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Is It Necessary to Hire a Lawyer to Create a Postnuptial Agreement?While it is possible to draft a postnuptial agreement without legal assistance, it is highly recommended to hire an experienced family law attorney. An attorney helps ensure that the agreement complies with state laws, is fair, and protects both parties' interests, significantly reducing the risk of future disputes or challenges in court.
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How Does a Postnuptial Agreement Differ from A Prenuptial Agreement?While both prenuptial and postnuptial agreements serve similar purposes in defining financial arrangements between spouses, a prenuptial agreement is executed before marriage, whereas a postnuptial agreement is established after the couple is already married.