Prenuptial and Postnuptial Agreements

Prenuptial and Postnuptial Agreements

Johnson Attorneys Group is a team of Orange County family law attorneys that are here to help you create a prenuptial or postnuptial agreement that best suits your family's circumstances.

How Can Marital Agreements Lead to Stronger Marriages

A couple chooses to get married because they are in love and want to share their lives together. They vow to stay in it for better or worse, but since no one can predict the future, there is always the chance that it may end in divorce, and in California, that chance is high.

Prior to getting married, a couple may decide to visit a prenup attorney and hammer out a contract known as a prenuptial agreement or “Pre-Nup.” This will typically provide provisions for the division of marital assets and spousal support in the event of a marriage dissolution. These contracts are created based on the specific needs of the couple who are getting married, prior to any problems that threaten their bond.

Prenuptial agreement documents

In contrast, a "Postnuptial Agreement" can be made after a couple is married. If a couple never had a prenuptial agreement or if they want to update one, a postnuptial agreement is the legal way to do this. The circumstances of any marriage may change over time and warrant a new contract between spouses who want to avoid the bitter and contested divorce. Additionally, a couple may opt to create a postnuptial agreement at a time when they foresee a possible divorce, as a way of avoiding a potentially expensive and public legal battle.

When to Create a Marital Agreement

While some feel that a prenuptial or postnuptial agreement is unromantic, others disagree and see these contracts as a way of making sound and smart financial decisions long before anger and resentment sets in and creates a potentially expensive and messy divorce.

What items should a "Prenuptial Agreement" involve? Here are some things to consider:

  • Property rights and financial obligations (pre-marital or marital property)
  • Business ownership
  • Debt management
  • Division of real estate assets
  • Inheritances
  • Property or assets above $50,000
  • Previously married spouse; children from another partner

These agreements or contracts help to simplify the division of assets and responsibilities at a time when the couple is not at odds or angry with one another. It's calmer, simpler and can save substantial amounts of money in legal fees.

Call (949) 942-8784 to request a private consultation with our Family Law Attorneys.

Answers to Common California Family Law Questions


How Long Does A Divorce Take In California?

The laws around divorce in California are outlined very specifically and there are certain steps that must be taken in order to finalize a marriage dissolution. If both parties agree on everything and all the financial orders are laid out and dealt with, the dissolution can happen very quickly. Alternatively, a contested divorce could span the course of several years and involve multiple parties and mountains of paperwork...

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Who Has To Pay Alimony Or Spousal Support?

Alimony laws in California can get complicated and it’s important that you understand the need for legal representation when discussing alimony or spousal support payments. There are many financial calculations and algorithms that are used to determine who has to pay who and how much. Alimony or spousal support is designed to help a spouse after a divorce or separation maintain the style of living they were accustomed to in the marriage....

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How Does Child Custody Work In California?

Often times, spouses can work together on a child visitation arrangement or a child custody agreement. Many other times they cannot agree, and this is why there are custody laws in California. The courts are in the position to designate physical custody and legal custody, should the need arise and the parents are unable to make this decision for their family. In these cases the courts will need to weigh specific factors in determining which parent...

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