Understanding How a Prenuptial Agreement or a Marital Agreement Can Help You
Marriage involves the co-mingling of assets, income, and debt. Marriage also creates certain legal rights that affect everything from probate to access to certain kinds of information. Couples interested in protecting themselves or elaborating certain rights before or during marriage can create a prenuptial or marital agreement. At the Law Offices of Evan Samuelson, we work closely with couples who are engaged, as well as those who are already married, in creating marital and pre-nuptial agreements. Since the court has an interest in making sure a marital or pre-nuptial agreement does not place undue burden on any party to an agreement, our office reviews and counsels clients in creating a marital or pre-nuptial agreement.
If you are engaged or are already married, and are interested in a prenuptial or marital agreement, contact Roseville family law attorney Evan Samuelson today to schedule a meeting to discuss your case.
Prenuptial Agreements
Prenuptial agreements are entered into by people engaged to be married, but not yet married, and are often used to separate certain separate assets or property from marital property (or community property). They can also be used in conjunction with an estate plan for people who have children by a former marriage to ensure their biological children have certain inheritance rights. If you or your spouse-to-be owns a business, has investments, or is the beneficiary of a trust fund, a prenuptial agreement can be used to protect some or all of the assets in question from division should you decide to get divorced later on. Alternatively, a prenuptial agreement can be used to provide a clear line of demarcation between personal property and community property in the event of the death of you or your spouse-to-be.
Prenuptial agreements also allow couples to reach an agreement regarding how money or other issues will be managed after they are married. However, a court will need to review and approve your prenuptial agreement before it can be considered binding or enforceable. As your attorney, Mr. Samuelson can evaluate your situation to determine what prenuptial terms make the most sense for you.
Marital Agreements
Marital agreements are similar to prenuptial agreements, however, they are entered into by couples who are already married, but are not comtemplating divorce or separation. The reasons for entering into marital agreements are varied, but can be similar to the reasons other couples would want to enter into prenuptial agreements before marriage. Circumstances may have arisen during the marriage which may lead to a married couple wanting to change how they manage their finances.
There are a number of financial and legal issues that must be considered when creating a marital or prenuptial agreement. As your attorney, Evan Samuelson explains the legal and financial issues involved and how any agreement must be structured to gain approval by the court.
If you are interested in creating a prenuptial or marital agreement, contact Roseville, California family law attorney Evan Samuelson today to schedule an appointment to discuss your case.
