You never know what happens after getting married. Most people don't get into one expecting conflict, arguments, and divorce. However, a well-written and detailed prenuptial agreement will ensure that your finances are in order and your assets are secured.

Here's a quick guide to prenups, as often handled by our prescreened Santa Clarita Family Law Attorneys.

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A Quick Guide To Prenup And How They Work In California

Prenuptial agreements are sometimes misinterpreted as a sign of impending divorce. In actuality, this agreement merely seeks to keep both parties' best interests separate in the case of a divorce. That said, couples who are considering writing a prenuptial agreement should get legal advice beforehand. This ensures that all rules are followed, and there will be no mistakes that null and void the document.

The couple doesn't have to be wealthy or have considerable assets to draft a prenuptial agreement. Instead, the agreement strives to meet both prospective spouses' interests by laying a stable basis for their future together. That said, consult a Santa Clarita Family Law Attorney to get things started.

How Is A Prenup Done In Santa Clarita?

A prenuptial agreement (sometimes known as a prenup) is a legally enforceable document that specifies how a couple's debts and assets will be divided if they divorce. Any assets or property brought into the marriage and acquired after the marriage are covered by the prenuptial agreement. Separating this property could be a prolonged and difficult procedure without a prenuptial agreement.

A prenuptial agreement cannot include anything related to child custody or child support. Custody and child support decisions in California are determined with the children's best interests in mind.

This means that a couple will not agree on child custody or support for their current or future children. On the other hand, special provisions provide for additional payments, such as paying a child's college tuition or aiding an adult child.

To know more about possible family law concerns such as divorce, child custody, alimony, and child support, you can contact one of our prescreened California Family Lawyers.

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A prenuptial agreement is a legal document that lays out how assets will be divided in the case of divorce or death. These contracts have different scopes. They usually include the following, though:

  1. Provisions for land partition
  2. Division of assets and liabilities

If the couple cannot agree on how to divide their marital property and debt (which includes all assets and liabilities generated during the marriage), a court will make the decision. This could consist of the conjugal home, cash, work benefits, retirement accounts, stocks, vehicles, and insurance, among other things.

What Factors Are Considered in Marital Property Division?

If a divorced couple is unable to reach an agreement on a final property or debt distribution, the judge will make a decision based on the following factors:

  • The ability of each spouse to earn money
  • Each partner's health
  • Each party's overall well-being
  • The overall amount each party has given to the other's earning potential and education
  • The fair market worth of each party's assets
  • Each side's likely financial requirements
  • Premarital agreements are made before a couple married

Choose one of our prescreened attorneys in your search for a Santa Clarita Family Law Attorney.

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Marital Property vs. Separate Property

It's critical to understand the difference between independent and marital property. Any property received as a gift or inheritance before marriage is considered separate property. On the other hand, any money acquired through pooled funds during a marriage is marital property.

Marital property must be shared during the divorce process. In some cases, if applicable, separate property is also divided.

Property and debt division, of course, can be difficult, especially if one or both partners had considerable debt or assets before or during the marriage. As a result, anyone thinking about divorcing should seek legal counsel from a Santa Clarita Family Law Attorney as soon as possible.

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