Santa Rosa Prenuptial & Postnuptial Agreement Lawyer

Santa Rosa Prenuptial & Postnuptial Agreement Attorney

When getting married, no one wants to think about potential conflicts created by finances or debts. It’s even more unlikely that you would consider getting a divorce, but it may be the right move at some point. It is often easier to plan and prepare ahead of time, avoiding future conflict, than to discuss and negotiate in the moment if marital struggles do arise. Working with a Santa Rosa prenuptial & postnuptial agreement lawyer can help the planning process go more smoothly.

Both prenuptial agreements and postnuptial agreements help couples make decisions for themselves as to how they want to divide debts, property, and other aspects of their lives. Even if a couple never divorces, creating an agreement with a lawyer can help couples understand each other’s financial situation better and lay out their financial obligations in the marriage.

Experienced and Understanding Family Law Attorneys in Santa Rosa

Choosing a family attorney can feel overwhelming. You want someone who not only brings in-depth knowledge of the relevant laws and legal systems, but you also need someone who gives your case the attention and personalization it deserves. Especially when you are unfamiliar with what a prenup or postnup should look like, it can give peace and security to have a legal professional guiding you.

The Carroll Law Office is able to offer you individualized and thorough support as you create your agreements. Our firm has experience with a wide range of family law cases and a background in the relevant laws and court systems that impact prenup and postnup agreements. When you decide to work with the Carroll Law Office, you can expect our full attention, our responsive communication, and our compassionate support.

What Are Prenuptial and Postnuptial Agreements?

Prenuptial and postnuptial agreements are essentially written documents that allow a couple to decide how to divide assets and debts during the marriage or in the event of a divorce. Without one of these agreements, the courts and laws can typically decide how to divide property, debts, etc. Prenuptial means that the agreement is made before the marriage, becoming effective at the time of the marriage. Postnuptial agreements occur during the marriage.

Do I Need to Hire a Lawyer?

Technically, you do not need to hire a family lawyer to create a prenup or a postnup agreement. In both cases, however, it may be a red flag to a court if you did not consult an attorney or legal counsel when forming your agreement. This may make the agreement easier to question or overturn. Since postnuptial agreements require court approval and are more intently scrutinized, having a postnup agreement lawyer is particularly helpful when getting one.

Who Should Have a Prenup or Postnup Agreement?

While stereotypes may say that only particularly wealthy individuals need a prenup or postnup agreement to protect their assets, there are many other reasons that make a prenup or postnup useful. These include:

• When one or both partners bring children into the marriage. It can be helpful to lay out what these children will inherit and define how separate property will be divided at the time of the partner’s death. This protects the children from losing out on inheritance due to the living partner inheriting the majority of it.
• Wanting to spell out financial responsibilities during the marriage. Couples can lay out who is responsible for certain bills, obligations for helping each other with schooling or debts, etc.
• Preventing further conflict in the event of a divorce. Deciding preemptively how separate and community property will be divided in the unfortunate case of a divorce can save time, legal fees, and emotional energy during a divorce case.
• Guarding from someone else’s debts. Especially with the prevalence of debts from schooling, such as student loans, one or both partners may wish to avoid responsibility for debts that are not their own.

FAQs

Q: How Much Does a Postnuptial Agreement Cost?

A: As with many legal agreements, postnuptial agreements vary in cost. Generally, these expenses include:

• Drafting costs
• Reviewing fees
• An hourly rate or a flat-rate fee for a family lawyer to spend time on the agreement

How complex your properties, debts, and desires for the agreement are may also change the cost. Some estimates place the cost at $1000 or higher, but it is advisable to talk directly with a family attorney in Santa Rosa, CA about your situation.

Q: Is a Prenuptial Agreement the Same as a Postnup?

A: A prenuptial agreement happens before the marriage, while a postnup happens at any point after it. While a postnup deals with many of the same questions as a prenup, such as the division of property that each person owned before the marriage, a postnup also covers property, businesses, or other assets that did not exist prior to the marriage. A postnup must be approved by the court, whereas a prenup is legal if it follows the guidelines and is signed by both parties.

Q: Is a Postnup as Good as a Prenup?

A: Both a postnup and a prenup ideally help you avoid unnecessary arguments in the event of a divorce. It allows you and your partner to decide how you want community property and separate property to be divided. One of the main downsides of a postnup is that it is more complicated and harder to get, as it must be court-approved. For this reason, it may be advisable to have a prenup agreement.

Q: What Cannot Be Included in a Postnuptial Agreement?

A: Generally, a postnuptial agreement will not allow for blatant unfairness toward one partner, such as leaving one partner needing welfare benefits while the other has an excess. A postnuptial agreement also cannot undermine the welfare of a child, and courts will try to rule in the interest of a child. Additionally, postnups cannot include stipulations such as paying a partner for companionship, as that is already upheld as an integral part of marriage.

Partnering With a Qualified Santa Rosa Lawyer

Discussing finances and legal agreements can feel overwhelming. It can also feel undesirable to discuss practical agreements, like a prenup or postnup, when your desire and plan is to never divorce your partner. Being willing to look at these practical issues can help you and your partner understand your financial situation better and potentially prevent problems later, should a divorce ever be necessary.

At the Carroll Law Office, we bring our knowledge of state law to our cases and our commitment to our clients. If you are considering creating a prenup or postnup agreement, reach out to us today. Our Santa Rosa prenuptial & postnuptial agreement lawyers are here to support you.