Calabasas is one of the wealthiest communities of the San Fernando Valley, and many couples preparing to marry control substantial assets. While many people harbor negative misconceptions about prenuptial agreements, the reality is that they can provide valuable financial security for both spouses. A Calabasas prenuptial agreement lawyer can help you determine whether drafting such an agreement is right for you and your partner.
The team at the Hoffer Family Law Firm has helped many clients navigate their family law matters in the Central Civil West Courthouse and throughout the Los Angeles County Superior Court for many years. Prenuptial agreements are legally enforceable contracts that can outline each spouse’s financial rights and responsibilities for their marriage. While raising the idea of drafting a prenuptial agreement may not exactly be romantic, it can be valuable to both of you.
Jeffrey Hoffer is the author of Ending Your Marriage in California: A Guide for Divorcing Wisely and one of the most experienced family law attorneys in Los Angeles County. While many people believe that a prenuptial agreement is nothing more than a blueprint for future divorce and a sign of a lack of faith in a marriage’s longevity, the reality is that a prenuptial agreement can help a couple address difficult financial issues early in their marriage.
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Our firm can meet with you to discuss your needs, goals, and concerns regarding drafting a prenuptial agreement. We can explain your various options, assist with drafting the agreement, and help if you need to revisit an existing prenuptial agreement later, following a major life event. Our goal is to help you and your spouse draft a legally enforceable and comprehensive agreement that provides financial security and peace of mind for both of you.
According to the US Census, about 7% of men and about 10.5% of women in California are divorced. While the divorce rate in California is lower than the national average, hundreds of divorce petitions are filed in Los Angeles County each year, and only a fraction of these cases involve prenuptial agreements.
While it’s true that your prenuptial agreement can set terms for divorce in advance, the main goal is to establish property ownership rights and fiduciary responsibilities for your marriage:
Your prenuptial agreement cannot, however, dictate any terms regarding child custody or child support. If you and/or your spouse have children from previous relationships, however, the prenuptial agreement may address any standing custody and support orders either of you has for such children. This could help streamline future divorce proceedings.
Ultimately, there are many options for customizing a prenuptial agreement in Calabasas, but it is vital that you have an attorney help to ensure it is legally enforceable and robust enough to address all of your financial concerns. The team at the Hoffer Family Law Firm can help you draft your prenuptial agreement, so reach out to us as soon as possible to learn how we can help.
A: You should hire a prenuptial agreement lawyer in Calabasas because you cannot draft a complete and legally enforceable prenuptial agreement without an attorney’s help. While you and your spouse are free to develop the framework of your agreement and then present this to an attorney, legal counsel is crucial for ensuring the agreement can accomplish its intended purpose and provide its intended financial protection to you and your spouse.
A: Yes, it is possible to change your prenuptial agreement, and you will need to if you experience a major life event that directly affects the terms of the standing agreement. You and your spouse should revisit your prenuptial agreement every few years to determine whether it is still valid. If you require an amendment to the contract, you should hire a prenuptial agreement lawyer who can assist you with making the necessary changes.
A: A prenuptial agreement is unenforceable if it is discovered that it was drafted using incomplete and/or incorrect information, if one spouse hid relevant information during the drafting of the agreement, or if either spouse was coerced to sign the agreement against their will. Both spouses must enter the agreement voluntarily, and both must provide complete and accurate records to ensure the agreement is legally enforceable.
A: The cost to hire a prenuptial agreement lawyer in Calabasas depends on the lawyer you hire to help with the drafting of this contract. Most family law attorneys in California accept cases on an hourly basis. They charge clients by the hour and track time spent working on their cases. Make sure you fully understand your chosen attorney’s billing policy so you know what to expect.
A: Yes, it is possible to cancel a prenuptial agreement in California. If both you and your spouse mutually consent to amend or void your prenuptial agreement, this will require the creation of a new agreement that stipulates the desired change, and both of you must sign it. It is also possible for the court to invalidate a prenuptial agreement if it determines that it is no longer legally enforceable or was improperly executed. The team at Hoffer Family Law Firm can help you and your spouse draft a comprehensive prenuptial agreement that ensures mutual financial security for the future. While there are limits to what a prenuptial agreement can include and the creation process can be difficult, it is well worth the effort, especially for wealthy couples in Calabasas. Contact the Hoffer Family Law Firm today to schedule a consultation with a Calabasas prenuptial agreement lawyer.
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