Prenuptial agreements, whether for first or second marriages, set expectations for you and your future spouse. You may have interests in a family business or ownership interest in properties and assets that you want to protect no matter what. A prenuptial agreement can protect your assets, finances, and business interests in the event that your marriage ends, and it can set limits on the amount of spousal support. Even though all assets obtained during the marriage are community in nature under California’s “equitable distribution” laws, you are free to enter a prenuptial agreement that deviates from this presumption.
The Law Office of Alan Mikshansky will negotiate an agreement that recognizes both parties’ needs while still safeguarding these interests. As you prenuptial agreement attorney, Alan Mikshansky will help you characterize assets and define rights in the event you need to divide property. He will also ensure that at the time of separation, the agreement will not be set aside by a court for technical reasons.
Do I Need a Prenuptial Agreement?
Getting married is a happy and positive step in a couple’s life. However, it is necessary to be realistic for any potential outcome of a relationship, no matter how harmonious and strong it is now. A prenuptial agreement is a smart and prudent move if valuable assets or liabilities are at stake and provides a roadmap for proceeding in case of a marriage’s end. It supersedes California’s family law and outlines protection for your assets.
Under California laws, any assets you have before marriage are presumed to be your separate property. However, after marriage, there are different circumstances that can lead to comingling your separate assets with community assets. To avoid complications in determining the extent and nature of your separate property, you can enter into a prenuptial agreement to retain your separate assets despite any commingling that might occur during the marriage.
This means that without a prenuptial agreement, you will have little control over how your assets are treated beyond what family code law dictates. Opting for a prenuptial agreement is a personal decision and now is the time to make it if you want to decide how assets and liabilities will be divided in case of a divorce. However, if you have valuable assets, you should understand the risk they face and how you can secure them.
A prenuptial agreement can protect your assets, finances, and business interests in the event that your marriage ends and it can set limits on the amount of spousal support. Given that you are free to enter an agreement that deviates from the presumption that all property obtained during the marriage is community in nature, a prenuptial is such an agreement. It outlines protections and expectations for your assets. It supersedes family code law and states how these assets will be treated in a divorce. Without a prenuptial agreement, you will have little control over how your assets are treated beyond what family code law permits.
California Prenuptial Agreement Lawyer
It is necessary to be realistic about the potential outcome of any relationship, no matter how well-intentioned and strong it is today. The decision to create a prenuptial agreement is a personal one, but now is the time to make it. As a Sacramento prenuptial agreement attorney, Alan Mikshansky can guide you through the process of negotiating and preparing this document. The Law Offices of Alan Mikshansky helps clients understand their options and establish an agreement that will be acceptable to both parties.
Note that if you are already married, you may want to review postnuptial agreements.
The Law Office of Alan Mikshansky is certified in Family Law by the State Bar of California’s Board of Legal Specialization.