Marriage is not only a public statement of a couple’s emotional commitment but also a powerful legal and economic relationship. Because of the legal and economic relationship that is created, the end of a marriage can be devastating financially and emotionally. Without a premarital agreement, your interests may not be protected. A prenuptial agreement can help protect your future.
At Stolar Law Group, our Los Angeles prenuptial agreement lawyers help clients establish peace of mind and thoughtful planning through premarital agreements and post-marital agreements. Founder and managing partner Steven R. Stolar has 40 years of experience crafting enforceable and legally sound prenuptial agreements on behalf of clients throughout Beverly Hills, Sherman Oaks, and the greater Los Angeles area.
Learn more about prenups and post-marital agreements by contacting Stolar Law Group at (424) 421-0009 to schedule a free consultation.
How a Prenuptial Agreement Attorney Can Help You
A prenuptial agreement attorney can help you in a number of ways. We will provide you with the guidance and resources you need to make informed decisions about your case. Prenups can be complex. Without the help of an attorney, you may spend time and money working on an agreement that ends up not being enforceable.
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. Our premarital agreement attorneys 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 be able to discuss the following with a Beverly Hills prenuptial agreement attorney:
- Will a cheap prenup protect me?
- Can I get a postnuptial agreement?
- What issues can a premarital agreement cover?
- Will a premarital agreement protect my children?
- Will following a sample prenup protect my interests?
- What are the pros and cons of a postnuptial agreement?
- Will a do-it-yourself prenup be enforced by a California court?
- Will my interest in my business and home become community property after I marry?
Premarital agreements can protect your assets and your future. With so much on the line, you cannot afford to trust your case to an inexperienced attorney or to attempt to do it alone. Get the knowledgeable legal counsel you need to get the outcome you want.
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 Law Group, 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 community property.
- 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 that growth.
Constructing a prenuptial agreement can help protect your business in the event of death or divorce. It can provide peace of mind for your shareholders and ensure that your assets do not end up in the wrong hands.
Why Create a Prenuptial Agreement?
There are many reasons that someone should create a prenuptial agreement. Foremost, it can help protect your future. It is strongly recommended if you have significant assets or a business in your name prior to marriage. It is also suggested when you have children from a previous relationship or your partner has substantial debt. At Stolar Law Group, we offer an exceptional level of experience in drafting and reviewing California prenuptial agreements.
Couples choose to prepare financial agreements before marriage for many reasons. A prenup can:
- Protect children from a previous marriage.
- Establish the terms of a domestic partnership agreement.
- Preserve your estate for your children, grandchildren, or loved ones.
- Define limits to the amount and duration of alimony / spousal support.
- Help provide a clear statement of the value of your contribution if you are a student, homemaker, or contributing to your partner’s business without compensation.
- Ensure separate property is kept separate after a dissolution of marriage.
- 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.
- Resolve disagreements and misunderstandings regarding money.
Seeking our counsel may be especially critical if you have high-net-worth, a business, or substantial assets. Assumptions about a contract can be extremely dangerous if you are facing the possibility of a contested divorce.
Our firm will provide guidance on whether the overall agreement or specific aspects of it appear vulnerable to legal challenge. We will also discuss 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.
When Should A Premarital Agreement Be Drafted?
Our prenuptial agreement lawyers in Los Angeles 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 if you are negotiating a prenuptial agreement shortly before your wedding to work with experienced legal counsel. Each party should have legal representation and should not sign the agreement until they fully understand the terms of the document.
Do You Need to Fight a Prenuptial Agreement?
If you are facing divorce in the Los Angeles 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. If you signed the agreement under duress or as a result of misrepresentation you may need to fight the document.
Grounds for challenging a prenup agreement may include:
- 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 such contract
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. Our premarital agreement lawyers 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.
The Pitfalls of Do-IT-Yourself Prenups
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.
It may seem 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 agreement offers.
- 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.
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. A prenuptial agreement attorney at Stolar Law Group, can build the strongest possible case in the defense of your prenup.
Prenup Lawyers in the Greater Los Angeles Area
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. Let us help you start the next chapter in your life with the right legal safeguards in place.
40+ Years of Combined Experience in Family Law
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 a prenup attorney in Beverly Hills with the appropriate experience.
Our firm offers 40 years of experience in drafting premarital agreements and cohabitation agreements for Southern California couples. Contact our office today at (424) 421-0009 to schedule a free, confidential consultation.