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Articles Posted in Premarital Agreements

Common Mistakes During Divorce and How to Avoid Them

Common Mistakes During Divorce and How to Avoid Them

Once a divorce has been brought up in a marriage, emotions will likely begin to run high, and more conflicts may arise. This can create a situation where mistakes are more likely to be made. These mistakes can seriously affect your divorce case, potentially resulting in a more emotionally draining divorce that takes longer to finalize. Avoiding these mistakes is the best way to get the most ideal results from your divorce.

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Annulment: The Other Option to Ending a Marriage

What to Do If You Discover Important Information After Finalizing Your Divorce

For those people looking into ending their marriage, divorce is an obvious option that will likely be a person’s first choice. Most people are at least partially familiar with the divorce process and likely know someone who has gone through a divorce. However, there is another way to legally end a marriage in California. Although both a divorce and an annulment sever marital ties, the legal effects of each are very different. There are both pros and cons for each option, so both should be thoroughly considered if they are an option.

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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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How to Find the Right Family Law Attorney in California

How to Find the Right Family Law Attorney in California

Family law is a unique branch of civil law pertaining to legal matters among family members. Divorces, adoptions, child custody determinations, and spousal support determinations are just a few cases that would fall within the purview of family law in California. Therefore, if you are bracing for a divorce and need to resolve custody over your child or face any other type of legal issue about family law, it is vital to seek legal counsel from an attorney you can trust.

The right family law attorney can be invaluable, regardless of your case. If you take the time to find an attorney familiar with cases like yours and they have a solid track record of professional success behind their firm, you can significantly improve your chances of securing a favorable outcome for your case. With thousands of attorneys practicing throughout California, it can feel overwhelming to approach the task of retaining the right one for your case. The following are a few essential considerations when looking for legal counsel for any family law matter in California.

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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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