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The divorce process itself is challenging; therefore, it is essential to consider making pre-marital and post-marital agreements. Depending on the property involved, these agreements can be somewhat simple or complex.
For this reason, having vital, experienced help at your side is essential. Patrick Baghdaserians is a Pasadena pre-marital and post-marital agreement lawyer and family law specialist in the Los Angeles area. He has over a decade of experience and is someone you want when drafting detailed agreements to protect your rights.
Differences Between Pre-Marital and Post-Marital Agreements in Pasadena
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, commonly known as prenuptial agreements, are signed before marriage. Whereas post-marital agreements are signed after marriage.
Things to Know About Pasadena Pre-Marital Agreements
Preparing a premarital agreement can be highly beneficial for couples because it allows them to create a plan based on practical needs. This agreement often prevents financial disagreement or misunderstanding before beginning a marriage.
The primary purpose of a premarital agreement is to establish what assets will be kept separate. In addition, it protects one spouse from incurring debts incurred by the other spouse before marriage. Also, in the event of separation, divorce, or death, the premarital agreement will define how assets will be divided among the spouse, children, and other family members.
Several factors must be considered when deciding whether or not a pre-marital agreement is for you. 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 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 can 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 premarital agreement can be especially beneficial for couples with more than one marriage. This is because it can resolve complexities arising from prior commitments and responsibilities that carry over from previous marriages involving ex-spouses and children.
Things to Know About Post-Marital Agreements in Pasadena
Post-marital agreements are similar to pre-marital agreements. With post-marital contracts, you will draw 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 allow you and your spouse 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 at any time after you have wed. If you want to draw up a post-marital agreement that works for you and your spouse, contact an experienced pre and post-marital agreement lawyer to get started.
Reasons a Pre-Marital or Post-Marital Agreement Might Be Unenforceable in Pasadena
In California, there are certain circumstances under which a premarital or post-marital agreement may be deemed unenforceable.
A pre-marital or post-marital agreement might be unenforceable in California 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 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 excessive if it is overly one-sided or unjustly favors one party. For example, suppose 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. In that case, the agreement may be deemed unconscionable and unenforceable.
A pre-marital or post-marital agreement may also be unenforceable if not entered voluntarily. One party may argue that they did not fully understand the terms of the contract or did not have the opportunity to consult with an attorney before signing. If a court finds that one party did not voluntarily agree, 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 deal includes provisions that would discriminate against one party based on their race, gender, or other prohibited factors, the contract 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 that you seek legal advice from a family law attorney before drafting or signing any agreements. It is also essential that both parties fully understand the terms and conditions of the agreements and that they are entered into voluntarily and without duress or undue influence.
How to Bring Up the Topic of a Pre-Marital or Post-Marital Agreement
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, the right approach 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:
- Start with the positives: Emphasize the benefits of a pre-marital or post-marital agreement, such as protecting assets, clarifying expectations, and reducing the potential for conflict in the event of a separation.
- Use “I” statements: Instead of accusing or blaming your partner, use “I” statements to express your feelings and concerns. For example, “I feel more secure knowing that our assets are protected in case something happens to our relationship.”
- Be open and honest: Share your reasons for wanting a pre-marital or post-marital agreement and discuss any concerns.
- Be respectful: Remember that your partner may have different feelings or opinions about the topic, and it’s important to respect their point of view.
- Seek legal advice: Suggest that both of you seek legal advice from a family law attorney to understand the terms and conditions of pre-marital and post-marital agreements.
- Timing is essential: Choose a time when you and your partner are relaxed and open to discussing crucial matters. Avoid bringing up the topic during a time of stress or conflict.
- Emphasize mutual benefits: A pre-marital or post-marital agreement should be mutually beneficial and not disadvantageous to either party.
- Be open to compromise: Be willing to listen to your partner’s concerns and make changes or compromises to create a mutually acceptable agreement.
What To Do if Your Spouse Does Not Want a Pre or Post-Marital Agreement
There is nothing romantic or matrimonial about prenuptial and postnuptial agreements. But they are necessary as couples often find themselves 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 must consider whether you want to marry someone not on board with you, taking steps to protect yourself.
But let’s say you decide to get married anyway. If your spouse agrees, you can always get a post-marital agreement written and signed. But again, if your spouse refuses 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. Your spouse is entitled to half your shared marital assets and property without an existing pre- or post-marital agreement order.
Do not risk not having one of these orders in place. If you are ready to divorce without a prenuptial or postnuptial agreement, you will need an aggressive divorce attorney to help protect what is rightfully yours.
Contact a Pre-Marital and Post-Marital Agreement Lawyer in Pasadena
Overall, the process of marriage dissolution can be very overwhelming and stressful. Therefore, dealing with property may be beneficial in dealing with issues regarding pre-marital and post-marital agreements early on. This way, problems that can arise down the line are mostly solved.
Therefore, having someone with experience on your side is essential when deciding who to turn to. 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; schedule a consultation with Patrick Baghdaserians.
When you are ready to start your pre-marital or post-marital agreement but unsure where to turn for help, contact Baghdaserians Law Group. Call our office at 626-460-9525 to schedule your initial consultation. Alternatively, fill out our online contact form, and we will reach out to discuss the details of your case.
