Our Los Angeles Prenuptial and Premarital Agreement Lawyers can help you protect
your assets and income when you get married. Call 310-247-9913 for a free consultation.

Why you should consider a Prenuptial or Premarital Agreement?

A prenuptial (also called a premarital) agreement or prenup allows a couple getting married to
make financial arrangements about how their income and assets should be treated in a
divorce. California is a community property state and assets acquired during the marriage
must be divided equally in a divorce. California also imposes significant spousal support
(alimony) obligations on the wealthier spouse. A well drafted prenuptial agreement allows
couples to place restrictions on the amount and duration of spousal support.

In Los Angeles, over fifty per cent of marriages end in divorce. Second marriages have an
even higher divorce rate. Couples who have been married before are more likely to enter into
prenuptial agreements because they understand the financial consequences of divorce.
Prenuptial agreements should be viewed as an exercise in financial planning and money
management. It is better to get used to talking about money sooner rather than later. Most
religions recognize that marriage is an economic as well as a religious and romantic union.
The Catholic church’s marital preparation process called “Pre-Cana” includes couples talking
about money. Prenuptial agreements of some kind have been around as long as the institution
of marriage. The earliest example of a prenuptial agreement is a Jewish “Ketubah” which
dates back thousands of years.
Our firm has prepared and reviewed prenuptial agreements for all types of couples including
young and older couples, people with businesses, couples just starting out and couples who
have been married before and have considerable net worth.

Why you need an experienced family law attorney to prepare your
Prenuptial Agreement?

Prenuptial agreements in California are governed by the California Family Code. The Code
and the case law lay down specific rules that must be followed to ensure that a prenuptial
agreement is enforceable. Just like any contract, a prenuptial agreement only works if the
court accepts it as valid. There is no point in drafting a do-it-yourself prenuptial agreement or
having it drafted by an inexperienced attorney. Even many family lawyers do not feel
comfortable drafting a prenuptial agreement. We have the experience and skills to craft a solid
prenuptial agreement that will meet your financial needs in the case of divorce.  

Reasons why you may want to enter a Prenup

  • Both people may be professionals with independent wealth, and you may want to keep
    income and assets separate.
  • You may want to protect your estate for your children and grandchildren.
  • There may be a disparity in income and assets and the wealthier partner may wish to
    keep their wealth separate.
  • You may wish to place limits on the amount and duration of spousal support.
  • You may want to protect your interest in a closely held business or professional practice.
  • You may want to make sure that the community never acquires an interest in your
    business or real property
  • You may want to protect yourself from the other’s debts

The types of assets a prenup can protect

  • Real property such as your house
  • Pensions and 401K’s
  • Professional practices and closely held businesses
  • Investments and bank accounts
  • Intellectual property such as patents, copyrights, trademarks

An example of how a prenup protects your assets

Community property law is very complicated. In California, the community may acquire
interests in property that you may have expected would be protected your separate property.
The following is an example of one of the many ways the community may acquire an interest in
property. One spouse owns real property titled in their name that they purchased with a home
loan prior to marriage. Without a prenup, if either spouse uses their earnings during the
marriage to pay down the principal on the, the community acquires an interest in that property
even though title is one spouse’s name. This is because earnings of either spouse are
community property. The community acquires what is called a “Moore-Marsden” interest. If the
couple refinance the mortgage during the marriage, the community interest may increase
exponentially. This is called the “Branco bump.” In this example, a spouse who thought they
owned the property outright because title was in their name and they paid the mortgage from
their earnings, may be surprised when a judge tells them that the community owns 80% of the
equity.  A well-crafted prenup could have provided that the community never acquired an
interest in the house in this situation.

The situation is even more complicated in the case of closely held businesses and

We handle international prenuptial agreements for couples who reside in
California or who have substantial assets in California

We are highly experienced in advising wealthy and entrepreneurial clients and their families
concerning such matters, as well as international couples who require protection considering
their international residences or business interests. A key benefit for international people is
that a prenuptial agreement may drastically simplify a future divorce that might otherwise be
inordinately complex or confusing. We often work with counsel in other countries to ensure that
any prenup has the best chance of being enforced.

Call for an Initial Legal Consultation

If you would like to learn more about prenuptial agreements and how we can help protect your
interests, call 310-247-9913 for an initial consultation or email us.

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1875 Century Park East, Suite 600
Los Angeles, CA 90067
tel. (310) 247-9913
fax. (310) 276-0313

1875 Century Park East, Suite 600
Los Angeles, CA 90067
tel. (310) 247-9913
fax. (310) 276-0313
Sherman Oaks, Calabasas, Burbank, Pacific Palisades, Malibu, other areas around Los Angeles and Southern CaliforniaNuys,. We also represent clients from  Sherman Oaks,Europe,
Americas and Australia among others on California divorce and family law matters.Americas and Australia among others on California divorce and family law matters. and Australia
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