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Last Updated on: 2nd October 2023, 03:05 pm
Orange Prenup Lawyers – Advice in Simple Words
Getting hitched in Orange County? A prenup is something to think about. Prenups get a bad rap, but they can actually help both spouses feel secure. Here’s some straight-up advice about working with Orange prenup lawyers.
What’s a Prenup?
A prenup is a legal contract couples sign before marrying. It says who gets what if they divorce. Prenups allow spouses to protect assets they had before the marriage. They can also decide who keeps stuff acquired during the marriage.
California law says prenups can address things like:
- How to divide property and debts
- Spousal support (alimony)
- Who inherits what
- Who keeps gifts and inheritances received during the marriage
Prenups let spouses avoid fights about money if they split. When done right, prenups make both spouses feel respected.
Why Get an Orange County Prenup?
Here are some reasons an Orange prenup makes sense:
- You have assets you want to protect, like family wealth or a business.
- You’ve been married before and want to provide for kids from previous relationships.
- You want control over how property is divided, rather than leaving it to California law.
- You or your partner expects to receive sizable gifts or inheritances during marriage.
The right Orange prenup lawyer can draft an agreement addressing your unique situation.
How to Find an Orange Prenup Lawyer
Picking the right prenup lawyer is key. Look for one experienced with prenups who gets the complex money issues. Good places to find candidates include:
- Asking married friends and family for referrals
- Checking online reviews of local family law attorneys
- Contacting the Orange County Bar Association
- Researching lawyers at top Orange County firms
Schedule consultations and ask about their specific prenup experience. Be sure they regularly handle complex asset division. Personality fit also matters.
What Does an Orange Prenup Lawyer Do?
A knowledgeable prenup lawyer can:
- Advise about enforceability: Ensure your prenup meets California law.
- Handle financial disclosures: Get needed documents to include.
- Explain legal impacts: Describe how property division and support work under California law without a prenup.
- Draft the agreement: Create a customized prenup addressing assets, support, and other terms.
- Negotiate terms: Help find compromises if you and your partner disagree.
- Review at signing: Explain the prenup’s effects and ensure proper signing procedures.
They can also refer you to financial experts to value assets. Overall, they use their expertise to make the process smooth.
What’s the Cost for an Orange Prenup Lawyer?
In Orange County, expect to pay:
- Junior lawyers: $200-$300 per hour
- Experienced lawyers: $300-$500+ per hour
- Total cost for a basic prenup: $2,000-$4,000
- Total cost for a complex prenup: $4,000-$10,000+
Factors that increase costs include substantial assets, negotiations, and significant revisions. While not cheap, a good prenup provides peace of mind.
When to Get an Orange County Prenup
It’s best to start the prenup process 2-3 months before your wedding. This gives time for:
- Initial lawyer meetings
- Exchanging financial information
- Drafting and negotiating the agreement
- Making any needed revisions
- Reviewing the final prenup with your lawyer before signing
Last-minute prenups often get tossed out if challenged later. Courts want to see you had adequate time for review and didn’t sign under pressure.
What’s Needed for a Valid California Prenup?
Under California law, prenups must:
- Be in writing
- Be signed voluntarily without coercion
- Include full financial disclosure
- Allow time to review and access to independent counsel
- Be substantively fair when signed and at time of enforcement
An attorney ensures requirements are met. The more one-sided or unreasonable the agreement, the higher the risk of a successful challenge later.
What Can an Orange County Prenup Address?
Prenups are highly customizable. Common Orange County prenup provisions include:
- Separate property: Assets each spouse enters marriage with stay separate.
- Property division: How to divide jointly acquired property and debts.
- Inheritances and gifts: Keep gifts/inheritances during marriage separate.
- Changes in value: Whether increases in separate property stay separate or become community property.
- Spousal support: Waiver or limitation, often based on length of marriage.
- Life insurance: Requirements to maintain life insurance to protect spouse.
- Children’s needs: Terms for child custody, support, college costs, etc.
Prenups also often address where to file for divorce and choice of law. An attorney can advise what’s allowed in California.
What Rights Can’t Be Signed Away in a Prenup?
Some rights can’t be completely waived under California law:
- The right to end the marriage
- Child custody and visitation
- The right to a minimum share of community property
- The right to spousal support
For example, a prenup can’t eliminate spousal support entirely. The disadvantaged spouse could still request it from the court.
Can an Orange County Judge Throw Out a Prenup?
Yes, a judge can rule all or part of a prenup unenforceable. Common reasons include:
- Lack of full financial disclosure
- Signing under duress
- Not having time to review it
- Unfairly disadvantaging one spouse
- Trying to limit child support
Judges also consider factors like the timing of signing and whether each spouse had their own lawyer. An experienced prenup attorney gives you the best shot at enforceability.
Let an Orange Prenup Lawyer Help
A solid prenup provides peace of mind if you ever divorce. The right Orange County prenup lawyer can make the process smooth and protect you both. Take time to choose a lawyer you connect with and trust.