The process of divorce in it itself is challenging; therefore, it is important to consider making pre-marital and post-marital agreements. Pre-marital and post-marital agreements can be somewhat simple, and they can also grow to be complex depending on the property involved.
For this reason, it is important to have strong experienced help at your side. Patrick Baghdaserians is a Pasadena pre-marital and post-marital agreement lawyer and family law specialist who also works in the Los Angeles area. He has over a decade of experience and is someone you want on your side when dealing with drafting detailed agreements to ensure your rights are protected.
Pre-marital and post-marital agreements deal with property and how it will be distributed in the event of a divorce. The key difference between these two agreements is timing. Pre-marital agreements, more commonly known as prenuptial agreements, are signed before marriage. Whereas post-marital agreements are signed after marriage.
Preparing a premarital agreement can be extremely beneficial for couples because it allows them to create a future plan based on practical needs. This agreement often prevents financial disagreement or misunderstanding before beginning a marriage.
The main purpose of a pre-marital agreement is to establish what assets are going to be kept separate. In addition, they protect one spouse from incurring debts incurred by the other spouse prior to marriage. Also, in the event of separation, divorce, or death, the pre-marital agreement will define how assets will be divided among the spouse, children, and other family members.
When deciding whether or not a pre-marital agreement is for you, there are several factors to consider. A pre-marital agreement can be valuable even if couples feel as though they do not have a great deal of property. A pre-marital agreement can be used to decide how joint bank accounts will be managed, how tax returns and household bills will be managed, how to make credit card payments, or how much money the couple is able to set aside for savings.
Additionally, in some situations one spouse has not yet completed their education, therefore, a pre-marital agreement might include an arrangement on how they will handle college expenses.
Drafting a pre-marital agreement can be especially beneficial for couples with more than one marriage. This is because a premarital agreement can resolve complexities arising from prior commitments and responsibilities that carry over from previous marriages that involve ex-spouses and children.
Post-marital agreements are similar to pre-marital agreements. With post-marital agreements, you are going to be drawing up a legal document that determines how your marital property, debts, and assets will be divided in the event of a divorce.
It will also outline any property or assets that are not considered marital. Maybe one spouse came into the marriage with a sizable inheritance. Or the other wants to protect their valuable stocks and bonds from becoming marital property. Post-marital agreements give you and your spouse the opportunity to come to these decisions and outline them legally after you have already been married.
It does not matter how long you have been married either. A post-marital agreement can be entered into at any time after you have wed. If you are interested in drawing up a post-marital agreement that works for you and your spouse, contact an experienced pre and post-marital agreement lawyer to get started.
In California, there are certain circumstances under which a premarital or post-marital agreement may be deemed unenforceable.
One reason a pre-marital or post-marital agreement might be unenforceable in California is if the agreement was entered into under duress or undue influence. Duress occurs when one party is forced to sign the agreement against their will, while undue influence occurs when one party is coerced or manipulated into signing the agreement. If either party can prove that the agreement was entered into under duress or undue influence, the agreement will be deemed unenforceable.
Another reason a pre-marital or post-marital agreement might be unenforceable in California is if the agreement is unconscionable. An agreement is considered unconscionable if it is overly one-sided or unjustly favors one party over the other. For example, if one party is required to give up all of their assets in the event of a divorce, while the other party is not required to give up any assets, the agreement may be deemed unconscionable and unenforceable.
A pre-marital or post-marital agreement may also be unenforceable if it was not entered into voluntarily. One party may argue that they did not fully understand the terms of the agreement or did not have the opportunity to consult with an attorney before signing. If a court finds that one party did not voluntarily enter into the agreement, it may be deemed unenforceable.
Additionally, pre-marital or post-marital agreements can be unenforceable if they contain illegal or invalid provisions. For instance, if the agreement includes provisions that would discriminate against one party based on their race, gender, or other prohibited factors, the agreement will be deemed unenforceable.
It is important to note that pre-marital and post-marital agreements are complex legal documents and it is highly recommended to seek legal advice from a family law attorney before drafting or signing any agreements. It is also important that both parties fully understand the terms and conditions of the agreements, and that the agreements are entered into voluntarily and without duress or undue influence.
Bringing up the topic of a pre-marital or post-marital agreement with a partner can be a delicate conversation, as it can touch on sensitive issues such as financial security and trust. However, with the right approach, it can also be a constructive and beneficial discussion for both parties. Here are a few tips on how to bring up the topic of a pre-marital or post-marital agreement with your partner:
There is nothing romantic or matrimonial about prenuptial and postnuptial agreements. But they are necessary as couples often find themselves in a place where their marriage has dissolved, despite being previously head over heels for each other. If you are hoping to get a pre-marital agreement, the only way to do so is by getting one drawn up and signed before you get married.
If your spouse refuses to sign a pre-marital agreement, you need to consider whether you want to enter into a marriage with someone who is not on board with you taking steps to protect yourself.
But let’s say you decide to get married anyway. You can always get a post-marital agreement written and signed if your spouse agrees. But again, if your spouse is refusing to sign a post-marital agreement, you should probably contact your divorce lawyer in advance.
California is one of only a handful of states that follow community property laws when dividing up marital property, assets, and debts. This means that your property and assets will be divided equally in the event of a divorce. Without an existing pre-marital or post-marital agreement order in effect, your spouse is entitled to half of your shared marital assets and property.
Do not risk not having one of these orders in place. And if you find that you are ready to divorce without a prenuptial or postnuptial agreement in place, you are going to need an aggressive divorce attorney to help protect what is rightfully yours.
Overall, the process of marriage dissolution can be very overwhelming and stressful. Therefore, when dealing with property, it may be beneficial to deal with issues regarding pre-marital agreements and post-marital agreements early on. This way, issues that can arise down the line are mostly solved.
Therefore, when deciding who to turn to it is important to have someone with experience on your side. Patrick Baghdaserians is an experienced Pasadena pre-marital and post-marital agreement lawyer and family law specialist who has dealt with many cases regarding detailed agreements in his over a decade of experience.
Regardless of the reason, divorce is challenging, do not make the process even more difficult on yourself and schedule a consultation with Patrick Baghdaserians.
When you are ready to get started on your pre-marital or post-marital agreement, but you are not sure where to turn for help, contact Baghdaserians Law Group for help. Schedule your initial consultation when you call our office at 626-460-9525. Or fill out our online contact form and we will reach out to you to discuss the details of your case.
We serve clients throughout California including, but not limited to, those in the following localities: Los Angeles County including Arcadia, Baldwin Park,
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