Prenuptial and Postnuptial Agreement Services in Los Angeles
Assisting Clients in Marina del Rey, Venice, and the Surrounding Areas
A prenuptial (or premarital) agreement (“PMA”) is a contract between couples contemplating marriage, contracting out of the California’s community property laws. Since California is a community property State, the rights and liabilities of married couples are very specific under the California family code, which treats the marital unit like a partnership with the requisite fiduciary duties and liabilities.
A prenuptial agreement contracts out of the community property laws of California, and allows a husband and wife to stipulate such terms as:
- Income after marriage
- Spousal support
- Property rights prior to and after marriage
- Inheritance rights
- Business ownership
The effect of a PMA is to minimize the weight of the family court and case law on the consequences of divorce. PMAs also place the control back in the hands of the parties, rather than the court and the family law attorneys.
To learn more, please call the Law Offices of Maria N. Jonsson, PC a or contact us onlineto schedule a consultation.
How Premarital Agreements Fit into Your Estate Plan
A PMA is best paired with a Separate Property Trust. While the PMA is the expression of the parties’ intent to keep their assets separate, the separate property Trust is that very vehicle (receptacle) of the separate assets. It ensures that they will not be divided in divorce or subject to Probate if a spouse dies.
A PMA is a very technical document and can be deemed “void” if certain specific requirements in its terms and its execution are not precisely met. One of the elements for a validly executed PMA is that both parties are represented by their own respective legal counsel. A such, PMAs involve two attorneys – a Drafting Attorney, and a Reviewing Attorney. If you are presented with a PMA, it is your legal right to have your own attorney review it with you.
What Is a Community Property Agreement?
A community property agreement and/or a marital agreement is a contract entered into by married couples who wish to define their property rights, liabilities, and responsibilities after marriage. It is utilized by those who never entered into a premarital agreement or by those who have a premarital agreement but wish to modify its terms after marriage. Like a premarital agreement, it generally requires that each spouse is separately represented by counsel.
How Our Firm Can Help
The Law Offices of Maria N. Jonsson, PC offers legal counsel and personalized representation for individuals and couples wishing to draft or modify prenuptial agreements, postnuptial agreements, and community property agreements. These agreements generally involve both a Drafting Attorney and a Reviewing Attorney.
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We Work as Part of a Larger Team
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