If you are getting married in the near future and you and/or your spouse have a lot of assets and wealth, you might be wondering whether or not you need a prenuptial agreement. The good news is that Kendall Gkikas & Mitchell, LLP is here to help you through the process. Keep reading to learn more about prenuptial agreements and how Kendall Gkikas & Mitchell, LLP can help with yours.
What is a prenuptial agreement?
A prenuptial agreement clearly outlines the expectations and responsibilities that apply in the event that a couple gets divorced. These agreements are often used to identify separate property prior to a marriage and to ensure that it does not become communal. They can also be used to preserve the inheritances of children from a prior marriage or set specific amounts of spousal support.
What terms can a prenuptial agreement include?
So, what terms can a prenuptial agreement actually include? As long as the prenup meets specifications in the state it is filed in, there are many terms that it can include. Some examples are:
- Setting specific spousal support amounts or waving spousal support entirely
- Modifying the nature of separate or community property
- Agreeing that what would normally be community property, remains separate
- Waiving inheritance rights
This list is by no means exhaustive. An experienced family law attorney like Kendall Gkikas & Mitchell, LLP can help you draft a valid prenuptial agreement that works for you and your fiancé.
What terms can a prenuptial agreement not include?
There are certain rights that cannot ex exclusively bargained away in a prenup. Some of these include:
- Anything illegal or against public policy
- Anything against children’s rights
- Anything penalizing a spouse for “fault” in a divorce
As you can see, there are many nuances when determining whether or not a prenuptial agreement is valid.
If you need help with your prenuptial agreement in California, contact Kendall Gkikas & Mitchell, LLP today.
If you are interested in a prenuptial agreement, it is important to speak with a qualified family law attorney. Only with the guidance of a family law attorney can you put a prenuptial agreement into place that will stand up in court. At Kendall Gkikas & Mitchell, LLP, we have over 30 years of experience and can help you draft an ironclad prenuptial agreement. Are you ready to get started? Give us a call today at 909-482-1422 to schedule your initial consultation.
To learn more about the reliable and quality family law services that we offer, visit us on the web at Kendall Gkikas & Mitchell, LLP.
