Prenuptial Agreements in Orange County

As one of Orange County’s most prominent family law firms, Hills Law Group has extensive experience drafting ideal prenuptial agreements in Orange County. 

These complex agreements are very common among couples preparing to marry, and our team can ensure they are created correctly and professionally.

While the discussion of a prenuptial agreement may seem like a very unromantic conversation to have with your future spouse, it can be one of the smartest, as it will protect both of you and your assets, in the future. 

It is important to understand the process of creating a prenup in Orange County and the various details involved. Below we have gathered and carefully answered some of the most common questions about prenuptial agreements to help better explain the need for one, the benefits, and what they include.

Should you have any additional questions or would like to speak to our prenup lawyers about creating a prenuptial agreement for you and your spouse, please contact us for a complimentary case review.

What to Know About Prenuptial Agreements in Orange County

What is a Prenuptial Agreement?

A prenuptial agreement (often referred to as a prenup) is a private written legal contract between a couple before becoming legally married.

The agreement itself carefully outlines and details exactly what happens to both the individual and combined finances and assets throughout the duration of a marriage and, of course, in the event of divorce. A prenup also allows each spouse to fully understand fully the legal rights that they will acquire – and could lose – once married.

Is There Really a Need for A Prenuptial Agreement?

The short answer is yes.

There is a misconception that only the wealthy or those with millions of dollars or property need or should seek out a prenup from their partner. This is 100% false.

A prenuptial agreement is important for anyone, regardless of your current financial standing at the time of your nuptials, as you never know where you could be years down the road. Consider that you will want to always protect what you may accumulate over the length of your marriage.

A prenup is an excellent tool to help avoid the messiness that can be associated with splitting finances, assets, and more. It is important to remember that a prenup will also help protect against placing the debts of your spouse – like credit card and medical bills – onto you in the event of separation as well.

What Should I Consider Placing in a Prenuptial Agreement?

  • If there are separate businesses, how each business will be managed or handled    
  • For tax filing purposes, the clarification of any individual or shared income, deductions, and claims 
  • Benefits from the spouse’s retirement funds
  • Any arrangement to provide education for the spouse
  • How the household expenses and bills will be managed
  • The manner in which any credit cards, payments of bills and any  joint bank accounts, will be managed
  • How the investment of particular purchases will be arranged
  • Contributions to individual and joint savings accounts
  • In the event of a death, the management of the distribution of the property and/or life insurance to the survivor 
  • The manner in which mediation or arbitration will be held and which is prefered

Since the overall inclusion of what can be included in a prenup can be lengthy and is oftentimes determined by individual state laws, it is best to check with your state for confirmation – or we can help you – with this clarification. We can advise on the laws that cover Orange County and beyond.

Below are just some of the items that can be included in a prenuptial agreement. Our team can happily offer a more extensive list or answer any questions on specific items to your situation:

Distinctions Between Separate and Marital Property

The last thing you want is having the court decide what happens to your property obtained during your marriage. Since each state has its own separate laws that govern what types of property constitute separate property and what types constitute marital property, a prenuptial agreement will clarify this.

Descriptions of the Responsibilities of Spouses

This clarifies the responsibility of each spouse to avoid any confusion once the marriage ends.

Protections for Estate Plans

Prenuptial agreements are only a part of ensuring that your estate plan is carried out how you see fit. Remember that you must also create and secure other documents such as wills and living trusts.

Protection Against Spouse’s Debts

As previously mentioned, without a prenup, creditors can go after the marital property even though only one spouse is the debtor.

Provisions Providing for Children from Previous Relationships

The prenup can be used to ensure the children from a previous relationship receive a child support.

Protections to Keep Family Property in the Family

Keeping coveted properties or items like businesses, future inheritance, family heirlooms, etc., within the family can be assured with a prenup.

Property Distribution upon Divorce

A prenup can help bypass a lot of state laws by agreeing as a couple on who will get what.

Standard Components of a Prenuptial Agreement in Orange County

A prenup is a personal agreement and will notably contain items that are specific to meet the needs of both you and your spouse. However, there are some standard components that are common among many prenup agreements including but not limited to:

Specific terms regarding the relationship

Issues that involve child support or the custody of a child or children

Spousal maintenance requirements (this more so applies if the spouse who is signing does not have legal counsel or opted not to receive independent legal) 

  • Requirements for one spouse to commit illegal acts
  • Non-financial requirements for each spouse
  • Discussion of any terms considered to be exploitive or unfair
  • Discussion of terms considered to be unjust or deceptive

What If My Future Spouse Refuses to Sign a Prenup?

What to do if your soon to be spouse refuses to sign a prenup is a personal decision only you can make. For some this is a deal-breaker, for others, it opens the conversation about the future and finances, helping the couple gain a better rapport regarding the topic. In the end, it is up to the individual.

We certainly understand that the idea of a signing prenup may feel overwhelming, but we are highly skilled with these agreements. Hills Law Group provides complete services taking the prenup from inception to completion. Should you want to discuss your own prenup, please contact us for a complimentary consultation and case review.

Why Choose Hill Law Group for Your Orange County Prenup Lawyer

We know the exhausting toll that contested litigation can take a couple or a family – especially when divorce or separation are involved. A prenup is a wonderful way to avoid as many issues as possible when it comes to the separation and distribution of financials, property and more.

Our team of Orange County prenup attorneys is experienced in the creation of effective prenuptial agreements as well as the application of the agreement when needed.

Can’t Wait? Rush Packages Available

We understand that sometimes couples do not want to wait to be married and their plans are on fast forward. We can still absolutely assist you! If you are planning to get married within two weeks, we can assist with your prenuptial agreement prior to your big day. Contact us in Orange County regarding one of our Rush Packages and we can help draft and provide you with the proper documentation to ensure your prenup is filed in time.

About Maxwell Hills: Founder & Orange County Prenup Lawyer

As an experienced prenup lawyer, attorney, and mediator specializing in family law, Maxwell Hills uses a compassionate approach to legal matters. As owner of Hills Law Group, Maxwell is a respected member of the legal community. 

Maxwell’s compassionate approach to legal counseling covers the areas of divorce, child support, property, and custody issues. He applies a modern approach to law that embraces digital technology. This approach is well-liked by his clients and helps each case move at a faster pace, as well as being cost effective. Maxwell is committed to providing the highest quality legal representation for families in California, and he is admitted to practice before all courts in the state.

Maxwell concentrates on high net worth divorces, and has worked his way up in the legal community as one of the most sought after divorce lawyer and prenuptial attorneys in Orange County. His successful career continues to thrive while maintaining an approachable demeanor and reasonable prices.

Truth in Action: Orange County Prenup Attorney Client Testimonials

Our clients who have reached out to us for assistance with their prenuptial agreements know that regardless how complicated a situation may seem, our prenup lawyers will always put your interests first.

Our goal is to be as inclusive as possible and work as an advocate on your behalf. We take pride in providing the results each client seeks and creating the ideal prenuptial agreement that will serve its purpose if and when it is needed.

INSERT CLIENT TESTIMONIALS & FEEDBACK ON PRENUPS

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