Prenuptial Agreements in Beverly Hills
Taking a Realistic Approach to Marriage
Marriage is not only a public statement of a couple's emotional commitment,
but a powerful legal and economic relationship. At Stolar & Associates,
A Professional Law Corporation, our lawyers help clients establish peace
of mind and thoughtful planning through premarital agreements and
The process of crafting a prenuptial or postnuptial agreement is an exercise
in money management and financial planning that provides more than just
economic benefits to the couple involved. We have done prenups for people
just starting out in their careers, financially established individuals,
billionaires, and those on their second marriage.
During your consultation you will have the opportunity to discuss a variety
- Will a premarital agreement protect my children?
- Will my interest in my business and home become community property after I marry?
- Will a do-it-yourself prenup be enforced by a California court?
- Will following a sample prenup protect my interests?
- Will a cheap prenup protect me?
- What issues can a premarital agreement cover?
- Can I get a postnuptial agreement?
- What are the pros and cons of a postnuptial agreement?
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Why Create a Prenuptial Agreement?
A prenuptial agreement is only effective if the court accepts it as valid,
which is why there are serious risks involved in drafting a do-it-yourself
premarital agreement or having your prenup drawn up by an inexperienced
attorney. Our firm's Beverly Hills divorce lawyers offer an exceptional
level of experience in drafting and reviewing California prenuptial agreements.
Couples choose to prepare financial agreements before marriage for many reasons:
- Disagreements and misunderstandings regarding money are a leading cause
of divorce. If you identify and work through basic issues of financial
responsibility before you marry, you and your fiancé will then
be able to focus on the other aspects of your relationship.
- A prenup can preserve your estate for your children, grandchildren, or
- If you and your spouse bring significantly different personal estates or
incomes to your marriage, you may want to keep your personal and community
- One of you may be a student, a homemaker, or contributing to the other's
business and may want a clear statement of the value of your contribution.
- A prenup can protect children from a previous marriage.
- A prenup can provide partners, members, or shareholders in a closely-held
business with the control necessary to manage the business in the event
of death or disability.
A prenup can define limits to the amount and duration of
alimony / spousal support.
- A prenup can establish the terms of a domestic partnership agreement.
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When Should a Premarital Agreement Be Drafted?
Our lawyers recommend drafting your prenuptial agreement as far in advance
of your wedding as possible. Not only does this allow more time to thoughtfully
work out the terms of the agreement, but also an agreement signed six
months before the wedding is seen by the court as a stronger contract
than one signed right before marriage. For that reason, it is critically
important that, if you are negotiating a prenuptial agreement shortly
before your wedding, you work with experienced legal counsel.
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Do You Need to Attack a Prenuptial Agreement?
If you are facing divorce in the Beverly Hills area and have concerns related
to a prenuptial agreement or other marital contract, the legal counsel
you hire could make all the difference in the outcome. Prenups vary dramatically
depending on their original purposes, whether they were originally drafted
by a knowledgeable lawyer, their enforceability, and a range of other
factors. We can analyze all aspects of any prenuptial agreement, cohabitation
agreement or domestic partnership agreement, and advise you on your likelihood
of success in disputing either the validity of the entire contract or
specific clauses and stipulations.
A few of the more common grounds for challenging such documents are:
- Allegations of coercion, forgery or lack of proper witnessing
- Basic unfairness of the original agreement to either party
- Fraud or misrepresentation of either party's financial condition
- Coverage of matters that cannot be legally determined in a prenup or other
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Protecting Your Business with a Prenuptial Agreement
If you are preparing for marriage and either you or your spouse has a business
interest, it may be wise to enter into a premarital contract that includes
terms regarding management and business ownership. At Stolar & Associates,
A Professional Law Corporation, we have extensive experience in preparing
prenuptial agreements to protect the interests of corporate shareholders,
business partners, limited liability company (LLC) members, and sole entities
during marriage. If you have a business interest, your premarital agreement
will cover complex issues, including business valuation.
A premarital agreement can do the following for your business:
If you own a business in part or in whole before you are married, a premarital contract can specify how that interest will be kept separate
from community property.
If you are involved in a family business before marriage, a prenuptial agreement can ensure the interest remains in the family in
the event of your death or divorce.
If you have business partners, a premarital agreement can provide them with control over management of
the business in the event of your death, disability or divorce.
If your business grows during the course of your marriage, an antenuptial agreement can protect the increased value from being considered
If you contribute to the growth of your spouse's business during your marriage, a premarital contract can ensure that you receive credit for a share of
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The Pitfalls of Do-It-Yourself Prenups
It seems like a simple concept: get a pre-packaged or online form for a
premarital contract, sit down with your fiancé(e) to work out the
details, fill it out, and sign it. This allows you and your partner to
move on to important wedding details. Why slow down the process? If you
have a reason to sign a prenup, you should understand what protections
it does or doesn't offer.
When it comes to prenups, you should consider the following:
California community property law is complex.
Even state-specific forms often fail to comply with current legal requirements.
The success or failure of a prenuptial agreement lies in the details.
You may have a false sense of security concerning the protection your
The court has discretion in deciding whether or not to enforce an agreement.
It will base its decision on a number of factors not dealt with in package forms.
The terms must be reasonable and reached without duress or fraud.
When each signer has a lawyer, it is much more likely the court will accept a prenup.
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Defending Prenuptial Agreements in Beverly Hills, CA
If you are facing
divorce and counting on a prenuptial agreement to protect your interests, you
need a highly qualified attorney on your side. Changes in California law
and numerous high-profile case precedents in recent years have made it
increasingly common for divorce attorneys to challenge the enforceability
of prenups and other marital contracts.
We at Stolar & Associates, A Professional Law Corporation can build
the strongest possible case in the defense of your prenup.
Seeking our counsel may be especially critical if you have high-net-worth,
a "do-it-yourself" prenup, or one that was drafted many years
ago. Assumptions about a contract can be extremely dangerous if you are
facing the possibility of an intensely contested divorce. You can depend
on our Beverly Hills divorce lawyers to thoroughly analyze every aspect
of your marital agreement in light of your specific goals and concerns.
We have developed prenups for many high-profile entertainers, business
executives and others. We can defend your financial interests.
Our law firm can provide clear, practical counsel on:
- Whether the overall agreement or specific aspects of it appear vulnerable
to legal challenge
- Viable approaches to enforcing the agreement—or finding an alternative
path to fair resolution—in the face of false allegations of fraud,
coercion, or unfairness
- Striking the right balance for you when considering compromised solutions
in negotiation vs. full-blown litigation in a Southern California court
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Marriage Financial Planning in Beverly Hills, CA
When considering marriage, you have as a couple no doubt discussed financial
issues such as income, savings, debt, and the responsibilities involved
in having children. Have you come to agreement on how to handle differences
when they arise? At Stolar & Associates, A Professional Law Corporation,
our Los Angeles family law attorneys encourage couples to build the framework
for a strong marriage by employing our financial planning skills. These
are skills that we have acquired by negotiating many antenuptial agreements
or premarital agreements during our 30+ years' experience.
The title "premarital agreement" suggests unity rather than division.
Financial difficulties and disagreements about money management are leading
causes of divorce. Take the time now to work out a financial plan detailing
the responsibilities and expectations you and your partner are bringing
to your relationship. The process of developing a premarital agreement
can be as important as the resulting document, providing you with practice
You may be surprised at how property you bring to your marriage will be
distributed in the event of your death if you do not provide guidance
for the court through a prenuptial agreement, which are best accompanied
by a carefully drafted will.
We will discuss these and other questions when helping you determine how
- Are there children from a previous marriage involved?
- Do either of you have a business interest or family trust you bring to
At Stolar & Associates, A Professional Law Corporation, we are committed
to helping clients build strong families through appropriate financial
planning instruments. If you would like to speak with our lawyers about
financial planning in preparation for marriage, or are ready to draft
a premarital contract, we can provide you with the resources and guidance
you need to make well-informed decisions.
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Our Family Lawyers Have 30+ Years of Experience
Laws governing community property and mutual responsibility have become
more complex, and so have the issues dealt with in premarital agreements.
It is increasingly important for marital contracts to be drafted or reviewed
by an attorney with the appropriate experience. Our firm offers
more than 30 years of experience in drafting premarital agreements and cohabitation agreements for Southern
Not every couple needs a prenuptial agreement, and in situations where
they are needed, the issues that should be covered can vary widely. Whether
you are considering entering marriage or a domestic partnership agreement,
you are engaged, or you are married but considering a post-marital agreement,
it is time to begin discussing how you will handle the issues involved.
We wish to help you start the next chapter in your life with the right
legal safeguards in place.
If you are seeking an attorney with extensive experience drafting premarital
don't hesitate to reach out to our firm for help.