Prenuptial Agreements

  • Protect your assets

    If you own real estate, a small business, or have a well-paying job, a divorce can cripple your net worth. California is a community property state, and if your marriage doesn’t last, your ex-spouse may acquire an interest in your assets. You can protect yourself.

  • Shield liability from debts

    If your partner acquires significant credit card debt, loans, or other liabilities during your marriage, you may be partially responsible. Even if you believe these debts should be attributable to your partner, you may still be on the hook. You can shield yourself.

  • Avoid costly divorces

    Divorces can be very expensive. Setting aside attorneys’ fees or mediation/court costs, you may still lose tens of thousands. Your savings, retirement, real estate, and other assets may be significantly depleted in a divorce. You can mitigate this risk.

Protect your future

 

Marriage in California

Marriage is a risky legal partnership. Under California law, spouses can be ordered to pay a substantial portion of income in spousal support. In a divorce, businesses can sometimes be valued for less than they can be sold for. Attorneys' and accounting fees can sometimes be extraordinary. The only sure way to shield yourself from a costly divorce is to not marry at all.

Many say that California is one of the worst states to get divorced. Spousal and child support can be very high when compared to other states.

Community Property

Any property acquired during the marriage may be community property. Even if a piece of property is separate property, a community property interest in that asset can still be acquired.

The determination of what is separate and community property often requires the use of forensic accountants. In high-asset cases, the accounting and legal fees can run into the tens of thousands of dollars.

Legal Strategies in preparing Prenuptial Agreements

A well-drafted premarital agreement provides an incentive for the parties to honor it. A good agreement will be fair. Many people prepare do-it-yourself agreements they find online. Those templates may very well be unenforceable and a waste of your money and time. There are many pitfalls, and many of these online templates may be worthless.

If you’re interested in having a prenuptial agreement in place, you should begin the process well in advance of the wedding, at least 60 days. Rushed agreements that are presented to your spouse shortly before going to the alter will likely be unenforceable.

Working with an experienced attorney to assist you to protect your wealth is crucial. The Cavallini Law Firm will protect and shield your assets from costly divorces. A well-prepared prenuptial agreement gives you the piece of mind to build a future with your spouse without worrying about how a future potential divorce could devastate your finances.