Prenup Lawyer Near Me - S.L. Pitts

When you are about to join your life with another person, you want to make careful plans for success. Along with getting the right vendors for your ceremony, you should consider sitting down with an attorney to discuss creating a prenuptial agreement. Far from being a negative thing, a prenup can clarify each partner’s expectations and needs for the marriage. Our Bel Air prenup lawyer near me law firm can assist in creating a binding and mutually beneficial document.

At S.L. Pitts, you can sit down with our Bel Air divorce lawyers to craft an agreement that addresses your unique circumstances. When you search the Internet for “prenup lawyer near me,” you will find that our team offers superior service and client focus, particularly for high-asset couples or people who have complicated high-value holdings.

Why You Should Choose S.L. Pitts as Your Prenup Lawyers

With decades of experience managing family law matters in Bel Air and throughout Los Angeles County, our prenup attorneys have the knowledge to handle your needs. We prioritize your interests and assets, negotiating with your partner’s attorney to tailor the prenup for the best outcome. If you already have a business, substantial holdings, or children from a previous relationship, a prenup can make a tremendous difference in the strength of your marriage.

In California, the laws governing prenup agreements are strict, and many people find themselves without protection when they divorce, even with a prenup.. Because we have a deep background in California state law, we can write a document that holds true to your desires and can survive legal challenges. We strive to conduct all conversations with calm and logic, limiting strong emotions that could interfere with a speedy resolution.

What Can a Prenup Lawyer Near Me Help Protect?

According to the U.S. Census Bureau, up to 46% of Californians are married, and only 8.6% are divorced. As populations age, up to 36% of divorces happen after age 50 (known as a “gray divorce”), as reported in the National Library of Medicine. With age and accomplishment come many factors that prenup attorneys must address when these individuals choose to remarry, including:

You have a business and wish to retain control after a divorce.
You each own your own home and want to keep it after a divorce.
You need to secure your right to spousal support if the marriage ends.
You want to leave specific property and funds to your children or grandchildren.
Your intended spouse carries significant debts and liabilities you do not wish to assume.
One spouse makes substantially more money than the other.

Creating a prenup happens before you get married, but you can also revisit it periodically during the relationship when circumstances change. Renegotiating these documents is common, and our local prenup lawyers can continue to advise you as you face new life events. By maintaining open and honest conversations with all parties, you increase the chance that you will never need to use your prenup.

Our Prenup Lawyers Near You Align Your Document With California’s Requirements

In movies and TV, prenups are often used as a way to punish spouses during a divorce. However, when you partner with a skilled prenup attorney at S.L. Pitts, you create a contract that protects you under California’s Uniform Premarital Agreement Act. This law establishes requirements for marital agreements, including the following:

Waiting Period: To avoid rushed decisions they later regret, California requires a seven-day waiting period between receiving a final prenup and signing it. You must have sufficient time to review the agreement and consider its terms.
Legal Counsel: You can sign a waiver to your right to counsel, but we highly recommend that both individuals retain their own prenup attorney to review and negotiate the details of the agreement.
Comprehension: Both parties must be able to comprehend the agreement, so it must be written in a language they both understand. If one cannot read it, they must receive a copy in their native language or a format they can comprehend.
Voluntary Signing: Both individuals must sign the agreement of their own free will. If you sign a prenup under duress, when you are not mentally competent, or by force, it will not be valid in court.
Full Disclosure: Each person must fully disclose their name and other details, along with all their assets. If one spouse later discovers that their spouse has hidden marital property or was otherwise dishonest, the agreement could be invalidated.
Fairness: California is a community property state for divorce, and if the court finds the prenup to be unconscionable or in violation of state or federal law, it may rule the agreement invalid. An example would be a document that favors one spouse heavily while leaving the other destitute.

Even if you do not create a prenup, the California Family Code still governs your marriage and divorce. By creating a customized document, you are implementing your personal wishes regarding what happens if your marriage ends. Because our state has a varied past with upholding prenups, your best course of action is to consult with a legal professional before you sign anything.

What a Prenup Can and Cannot Do in California

California is famous for its marriage and divorce laws, mainly because they can quickly establish the likely outcome of asset division during divorce. With this clarity, you know what to expect in matters such as child support, child custody, and property division. Your prenup cannot violate or subvert the law, but it can work in conjunction with it to serve your needs.

What a Prenuptial Agreement Can Do

Prenups primarily serve to protect your right to separate property you brought into the marriage, assets you inherit, or holdings you acquired entirely in your name alone. They can also outline your expectations regarding finances and debt, spousal support, and business ownership. Your prenup can address how you want to retain property and money you have set aside for your children from a previous relationship.

What a Prenuptial Agreement Cannot Do

A prenup cannot dictate child custody or child support, which is under the jurisdiction of the family court. It also cannot waive custody, visitation, or support payments. Neither can prenups have clauses providing for infidelity, since California law does not recognize infidelity as grounds for divorce. Finally, the prenup cannot waive either party’s right to legal guidance before signing.

Clauses a Prenup Lawyer Near You May Recommend

When we review your situation and begin preparing your prenup agreement, we may recommend certain sections to better secure your interests. These will be in line with state and federal law and personalized to your goals. These topics are worthy of honest and thorough conversation between the parties and their attorneys to work out appropriate compromises.

Your prenup may include clauses pertaining to the following matters:

Spousal Support

When one spouse earns a larger income or has significantly more personal funds than the other, it may benefit them both to include language outlining the terms of spousal support after divorce. If the couple agrees that one of them will devote more of their time to childcare and home matters and stop working, that person can lose their earning capacity when they are single again. They should negotiate a suitable amount that allows them to maintain the lifestyle to which they are accustomed.

Spousal support may come in a lump sum, last for a certain number of years, or even continue for the life of the recipient. It all depends on each party’s income, earning ability, the length of the union, and the couple’s lifestyle during marriage. Note that spousal support is an entirely separate issue from child support.

Property Division

Under California law, all assets acquired during the marriage are considered marital property (with some exceptions) and are divided equally during divorce. If they purchased it while married, paid for it from joint accounts, or titled it in both names, it is marital. However, if you owned it prior to the wedding, it is wise to ask your prenup lawyers to designate it as separate property that you will receive after divorce.

Separate property is typically anything you owned before marriage, received in your name only as a gift or inheritance, or an asset that you can document as wholly your own. In some instances, it is still possible that the court may decide an asset is marital property and worthy of division. Your prenup attorney can help you determine the best approach for each item.

Property Distribution

To further clarify separate versus community property, you may want to include an inventory of assets and establish how they should be treated. An example might be stating that each party retains their personal retirement savings or pension payments, or that each spouse will remain responsible for their own credit card and personal loans. The goal is to avoid entangling yourself in problems that can further complicate your life after divorce.

If you inherit certain items, such as jewelry, furniture, or homes from family members, you may wish to designate those as separate property that returns to you if the marriage ends.

Continuation of Business

A business is typically considered a marital asset, even if only one spouse owned and controlled it during the marriage. A continuation of business clause describes how the business will transfer between the parties, either going to one, being divided between both, or being sold with profits split between spouses. One party may also choose to buy out the other, giving them full control.

Debts and Liabilities

Just as one spouse may have greater wealth than the other, one may owe a great deal more debt. If your fiancé carries a lot of financial liability, you should carefully discuss this with your prenup attorney to be sure you avoid responsibility for what is not yours. Couples may also incur a large amount of debt during their union, meaning you may need to renegotiate the agreement in later years.

Property Distribution Upon Death

Determining what is separate property may also prompt you to include a clause detailing what happens to those items if you pass away during the marriage. For example, if you inherited items from past generations, you can designate who should receive them, much as you might in a will. This can keep family items from being transferred outside the family.

Pet Custody

While you cannot include child custody decisions in your prenup, you can make choices about what happens to family pets. If you bring a beloved animal into the relationship or add one during the marriage, the thought of losing contact with them can be devastating. Your attorney can include detailed provisions, even including custody, financial responsibility, and visitation, if appropriate.

How Can a Prenup Lawyer Near Me Help With the Process?

We proudly handle only family law matters, so our team of lawyers can enact our core values to help you reach your goals. We put your interests first above all else, and provide transparent and honest advice so you have the knowledge you need to make the right decisions. While we protect your needs fiercely, we remain courteous and professional to all parties, defusing tense conversations to reach a satisfactory outcome.

At S.L. Pitts, we collaborate as a group to seek out innovative solutions to prenuptial agreement concerns, focusing on giving you the highest-quality service possible. For over 25 years, we have relied on this approach to help our clients move through difficult times with grace and compassion. We do not sacrifice your wishes just to finish your case quickly, and we work to verify your agreement is as strong and legally binding as possible.

Contact Our Bel Air Prenup Lawyer Near Me Law Firm

Marital agreements are far from negative or unromantic, and allow couples to become closer when they trust in each other and their attorneys. A prenup gives you confidence in your marriage and how you will treat each other if it ever ends.

Turn to S.L. Pitts when you and your partner are ready to have necessary and beneficial discussions about protecting your future together. We listen to your needs and provide regular updates when you want to know where your negotiations stand. To arrange a meeting with a Bel Air prenup lawyer near you, contact S.L. Pitts today.