Articles Tagged with premarital agreements

Everything You Need to Know About Premarital Agreements

Everything You Need to Know About Premarital Agreements

Getting engaged and planning a wedding is an exciting time in the life of a couple. Family and friends are celebrating with you as you prepare to begin your life together. Unfortunately, not every marriage will last. Most people do not enter into a marriage relationship planning for it to end in divorce, but it is important to be prepared for that potential outcome.

One way to ensure that both parties are protected and assets are divided fairly is to have a premarital agreement in place. A clear, well-developed premarital agreement will help ease the divorce process and guarantee that both parties receive their fair share of all assets. The experienced family law attorneys at Bickford Blado & Botros can help you craft a premarital agreement to meet both partners’ needs.

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How to Resolve Contested Divorce Mediation

How to Resolve Contested Divorce Mediation

Many divorcing couples in California are taking advantage of alternative dispute resolution to save time and money on their divorce cases. Divorce mediation has quickly grown to be the most popular form of alternative dispute resolution, allowing divorcing spouses to resolve their dissolutions under the supervision and direction of a neutral mediator. However, while many choose alternative dispute resolution to avoid the time investment, stress, and expense that divorce litigation demands, the reality is that even divorce mediation can devolve into a hotly contested legal battle.

It’s important to remember that divorce mediation only requires both you and your spouse to be willing to negotiate. Even if the two of you have trouble having the most basic civil discussions, you can still take advantage of the benefits of divorce mediation when you have legal counsel you can trust.

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Reasons a Premarital Agreement Can Be Voided

Reasons a Premarital Agreement Can Be Voided

A premarital agreement might be a valuable option for those who have assets they wish to protect in the event of a divorce. It’s important to use a highly qualified San Diego family law attorney to make sure the agreement is prepared properly. Even with careful preparation, there are situations where an agreement can be voided.

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How Is Pet Custody Determined in California Divorces?

How Is Pet Custody Determined in California Divorces?

Pets are an important part of so many people’s lives. It can be hard to fathom that so many states still treat them the same as community property, with no familial rights whatsoever. California took action to stand out in that regard in 2019 by passing AB 2274. This bill allows a party in divorce proceedings to request consideration of a pet animal’s care for awarding of sole or joint ownership.

For this law, care can include the prevention of harm or cruelty, providing food and shelter, or arranging veterinary care. Those tasks are not exclusive to providing care but serve as a broad baseline for the court to consider.

The law also does not specify specific animals that can serve as pets. Any animal that is community property for the couple and has been a pet in the household or a companion animal can be considered subject to this statute.

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Tips for Developing Your Prenuptial Agreement in California

Tips for Developing Your Prenuptial Agreement in California

Prenuptial contracts have something of a bad reputation, typically because most people view the suggestion of a prenuptial agreement as a sign of lack of faith that a marriage will last. While it’s true that a prenuptial contract can act as a blueprint for a future divorce, it can also provide substantial economic benefits to both spouses, effectively insulating them from one another’s debts and financial obligations. In addition, some people believe that prenuptial contracts are only necessary for very wealthy people; the reality is that this type of contract can offer significant legal protections to anyone.

If you have reservations about asking your spouse-to-be to consider a prenuptial agreement, it’s essential to understand what your agreement can include and the benefits of drafting one collaboratively with your partner. When done correctly, creating a prenuptial contract can yield strong financial protections for you and your spouse and help you have difficult conversations before marriage, potentially bringing you closer as a couple.

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How Does a Postnup or a Prenup Affect Your California Divorce?

How Does a Postnup or a Prenup Affect Your California Divorce?

In the State of California, both prenuptial and postnuptial agreements are recognized, and couples facing divorce need to be aware of the role the agreement plays. Among the many factors they must consider is the fact that certain issues may render various clauses, or the whole document, unenforceable. Anyone going through a divorce must first determine whether their agreement is valid in court before they start determining its potential influence on spousal support, child custody, and property division.

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Everything to Know About Premarital Agreements

Everything to Know About Premarital Agreements

Marriage is one of the most important decisions an individual will ever make. There are many diverse factors that go into choosing a partner, and they can differ widely depending on the individual. What does not differ, however, is the human drive to protect ourselves in the event that these major decisions fail to work out. That’s why many individuals opt to create a prenuptial agreement before marriage. In doing so, they are protecting themselves from future financial problems.

Prenuptial agreements, also known as prenups or premarital agreements, can be especially beneficial for couples who bring significant assets into the marriage. Prenups are also popular for individuals who have experienced divorce before. However, a prenuptial agreement is not the right decision for everyone. To accurately assess if a prenup is right for you, it’s essential to understand the basics of what a prenuptial agreement entails.

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How Do I Create a Prenuptial Contract?

How-Do-I-Create-a-Prenuptial-Contract

Prenuptial contracts can provide marrying couples with substantial advantages and financial security. Unfortunately, these contracts have negative connotations for many people, most of whom believe that the suggestion of a prenuptial contract is an indication of a lack of faith in the success of the relationship. The reality is that prenuptial contracts can provide financial security to marrying spouses, especially those who have financial obligations to children from previous marriages, those who control substantial assets, and those who want to protect themselves from their spouse’s debts.

Creating a prenuptial contract is relatively simple; the difficulty lies in the scope of the contract and the complexity of the issues included in the contract. There are many tools and software applications available that can help you draft your own prenuptial contract, but ultimately it is always best to work with an experienced family law attorney to ensure your contract is fair and enforceable.

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Misconceptions of Signing a Prenup

Misconceptions-of-Signing-a-Prenup-scaled

Getting married is one of the most exciting life events. You’ve decided to settle down with a certain someone, and you’ve committed the rest of your future to that person. Marriage is not only the union of the two individual people but also a union of every different element of your lives, including property, finances, and general way of life. Before heading down the aisle, you may want to consider having a prenuptial agreement on file. While it may not be the most romantic aspect of your wedding planning, it will set up both parties with a secure understanding of what would happen if things ultimately don’t work out. When it comes to having a prenup, many common misconceptions influence making this important decision.

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Can Premarital Agreements Be Broken?

Can-Premarital-Agreements

The purpose of a premarital agreement is fairly straightforward—to provide guidance for how a separation should be conducted if a marriage ends in divorce. Due to its nature, most couples don’t think much of such agreements unless they are actively considering a legal separation. At that moment, it can be incredibly relieving to have such details outlined in advance, especially if the situation between you and your spouse has become contentious. However, depending on the terms of the agreement, there may be questions about whether everything outlined is still relevant or enforceable. To fully understand the limitations of a premarital agreement and under what circumstances the contents may be voided, it’s important to familiarize yourself with a little background regarding what these agreements are and why they exist.

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