Open Monday - Friday, 8:30am - 5:00pm
Focused on Solutions Our legal team is dedicated to aggressively
pursuing the best solution for your case.

Prenups & Post-Nuptial Agreements in Orange County

Our Newport Beach Prenup Lawyers Help Protect Your Legacy

prenuptial and postnuptial agreements

Couples may choose to enter into a marital agreement before or after marriage for a number of reasons, the main reason being to protect their property and assets in the event of a future divorce. We call these contracts "prenuptial agreements," "prenuptial contracts," "premarital agreements," "prenups," or "post-nuptial agreements."

The content of these contracts may vary greatly depending on the needs and goals of the involved parties. That is why it is so important to obtain the services of a prenuptial agreement lawyer in Newport Beach.

Our prenup lawyers in Newport Beach are experienced with both prenuptial and postnuptial agreements. Contact us online or call (949) 229-8546 today!

What to Put in a Prenup

  • Financial Responsibilities – Who pays for the mortgage? Who manages the joint business account? Who contributes to savings? These and many other spousal responsibilities can be outlined in a prenuptial agreement.
  • Separate vs. Marital Property – Outline exactly what property belongs to which spouse, including any joint property or assets that would be divided 50/50 in the event of a divorce or separation.
  • Debt Protection – Debt collectors can target both spouses even if only one carries the debt. A prenup can protect a spouse from debt liability if the other spouse has more debt than they do.
  • Family Assets – Do you or your spouse have a family heirloom, a family business, or an inheritance of some kind? Protect these in your prenup.
  • Spousal Support – Predetermine how much spousal support (within certain limitations) will be required in the event of a future divorce.
  • Rights of Children from a Previous Marriage – Prenuptial agreements can ensure that children from a previous marriage maintain their property rights.

Why Do You Need a Prenup?

Prenuptial agreements make sense in some situations and not others. Below are a few cases in which prenuptial agreements may be considered:

  • Establishing a set of rights and duties for property (can be pre-marital property or marital property) and financial obligations
  • When one or both parties own a business
  • If either party carries a significant amount of debt
  • When one or both parties own real estate
  • Have inherited or expect to inherit assets
  • The parties own more than $50,000 in assets
  • One or both parties previously married or have children from another arrangement

These agreements can be very valuable in streamlining and simplifying the issues in the event of a dissolution and allow parties to agree on their own rules to govern such issues as property division and characterization.

Can You Get a Prenuptial Agreement After Marriage?

Yes! While most individuals are familiar with a premarital agreement, most individuals are not aware that you can get a marital agreement after you are married, as well. This is called a "postnuptial contract" or a "postnuptial agreement."

Postnuptial Agreements in California

A postnuptial agreement is executed between spouses or partners during the marriage and affects marital rights and obligations incident to an ongoing marriage. Just like prenups, postnuptial agreements are legally enforceable contracts that outline how a couple’s income and assets are to be addressed (and divided) in the event of a legal separation or divorce.

Benefits of a Postnuptial Agreement

Also like prenuptial agreements, postnuptial agreements can only govern financial matters as they relate to the marriage and spouses. You cannot outline child custody or support matters in a postnuptial agreement.

Reasons to sign a postnuptial agreement include:

  • Business Success – Businesses that are started during a marriage are considered marital property in a California divorce. You can declare a business to be one spouse's separate property in a postnuptial agreement so that it will not be divided in the event of a divorce.
  • Debt Protection – Does one spouse carry significantly more debt than the other? Your postnuptial agreement can protect the lesser-owing spouse from debt liability.
  • Never Signed a Prenup – Do you regret not signing a prenuptial agreement? Did you think you wouldn't need one and are now having second thoughts? Don't worry – you still have options!
  • Need to Modify a Prenup – If you already have a prenuptial agreement, but have been married for a long time, then your circumstances may have changed and the original document may no longer be viable. In these cases, it's not a bad idea to update your contract to a post-nuptial agreement.

For all of the above and more, do not hesitate to get the help of a postnuptial agreement lawyer!

Contact Us Today – Offices in Newport Beach & San Diego

While the subject of a premarital or postnuptial agreement may be uncomfortable, these contracts can save one a lot of time and heartache in the event of a divorce. The law related to premarital contracts or agreements is specific and complex, so it is important for both parties to have knowledgeable counsel in drafting and negotiating the contract. Our marital agreement lawyers are ready to help!

Call the experienced Newport Beach prenup attorneys of Bremer Whyte Brown & O'Meara today at (949) 229-8546.

Why Hire Bremer Whyte Brown & O'Meara, LLP?

  • Experience with Complex, High-Value Cases

  • Highly Awarded by Prestigious Associations

  • Thoughtful, Competent Representation

  • Four Certified Family Law Specialists

  • Experienced Trial Attorneys

  • 70+ Years of Combined Experience