Family Law Ventura County Will Help
The Family Law Ventura County office can help if you need help with a prenuptial agreement. This is a sort of contract between two people who are getting married. It is an agreement that takes effect if the couple end up divorcing after they get married. It outlines the property division and other matters that need settling after a divorce.
It would seem that more marriages end in divorce than they people staying married. So it would seem prudent for people to have an agreement about separation of property and assets before marriage in case of divorce. This would seem to be an exit strategy to some and to some it would seem as an insult to the institution of marriage.
It would almost seem to invite a couple to go there separate ways by giving them instructions on how to divorce. But there are a lot of men and women who have great wealth and they do not want to lose their assets in a divorce. Perhaps you have heard of noteworthy cases where people like the musician McCartney who was ordered to give his ex spouse a lot of money because she chose to divorce him.
If Mr. McCartney had a prenuptial agreement before his marriage he may have been able to limit the award his now ex wife received. However, not all prenuptial agreements are held up by the court. The agreement has to pass the scrutiny of the divorce court. This is why you need a family law lawyer to oversee this legal process.
Your lawyer will make sure all the legalities are followed. For instance both parties must be represented by their separate attorneys. If there is only one lawyer for one of the parties then it can be argued that one party did not have legal counsel present to explain the legalities of the agreement. If the court chooses not to recognize the agreement then the state the divorce takes place in will control the law of the property division.
In many cases this would be a community property settlement. If this is the case then the party with the most assets to lose in a divorce settlement is at a disadvantage. Therefore the party with the most to lose has to make sure the prenuptial agreement is legally formed and legally enforceable. The agreement must be in writing, it cannot be an oral contract.
The agreement has to be in writing. And both parties must disclose everything to the other; there can be no assets hidden from the other. The prenuptial agreement must not be signed with one party under duress. One party cannot make the prenuptial a condition for marriage.
One party cannot put into the agreement that the other party will never have visitation rights to the children of the marriage if there is a divorce. Nor can one party put into the agreement an unreasonable spousal support demand. There are many legal matters you can handle by yourself without the help of a lawyer. The prenuptial agreement is not one of them. Seek the help from a good family law lawyer.
Looking to find the best deal on Family Law Ventura County, then visit www.divorcecalif.com to find the best advice on Family Law for you.
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