Orange County Prenuptial Agreement Lawyer

Orange County Prenuptial Agreement Attorney

The stigma of prenuptial agreements has lifted in recent years. More couples are choosing to hire a prenuptial agreement lawyer for guidance and to protect their assets. While no one wants to begin their marriage thinking about a divorce, an Orange County prenuptial agreement lawyer can help secure your future.

Why Choose AKPC Law?

Attorney Arman Khoshnood has extensive training in alternative ways to resolve disputes and is a member of the Orange County Bar Association – Family Law Division. He brings over a decade of experience to the table to negotiate the most appropriate provisions for you.

After graduating cum laude from the University of La Verne College of Law in 2011, he founded AKPC Law, creating a boutique family law firm with a more personal approach to cases.

Why Hire an Orange County Prenuptial Agreement Lawyer

Divorce is fairly common in the United States, and couples should be prepared for whatever may come, whether the separation is amicable or contentious. A 2023 survey found that 1 in 5 married couples had a prenuptial agreement in place, although approximately 50% of adults polled said that they supported the use of prenups.

A prenuptial agreement is a list of provisions and requirements that protect both spouses in the future if the marriage ends. Even the most amicable divorce can become contentious when there is no prenup in place, which makes the process go more smoothly.

Without a prenup, your property and assets can be left to the Orange County Court – Family Law Division and divided according to California’s community property laws, which is typically an equal split under California Family Code § 2550.

Benefits of a Prenuptial Agreement in Orange County

It’s not romantic, but a prenup does have benefits to consider. A prenup lets you make difficult decisions while both partners are congenial and can work together. It limits how much influence either partner can have on the other during negotiations, as well.

A prenup can also offer a more informed consent to the marriage itself. Before agreeing to merge your life with another person’s, a prenup can give some insight into how your future spouse may behave during a conflict and how willing they are to compromise.

Common Prenup Provisions

Every prenup is unique to the couple signing. However, there are some common provision areas you may want to consider:

• Property rights and obligations
• Division of property and assets
• Spousal support
• Life insurance policies
• Will and trust considerations

Many of these provisions are made to protect assets each party is bringing into the marriage in the event of commingling. Commingling happens when marital property and separate property are mixed, either intentionally or unintentionally. A prenuptial agreement can specify what property and assets will remain separate during divorce proceedings, even if commingling occurs. It can also specify whether separate property will be divided as community property.

What a Prenup Cannot Cover

Although a prenup is helpful in deciding on matters in advance, there are certain limitations to what the marital agreement can include:

Day-to-Day Household Issues

A prenup cannot, by federal and state law, include any clauses related to how you and your partner interact and live together. Things like household chores and home maintenance cannot be addressed in the agreement, or the entire prenup is invalidated. A prenup also cannot include provisions about personal appearance, religious observance, political affiliations, etc.

Anything to Encourage or Incentivize Divorce

Family law is predicated on a general policy of promoting marriage, restricting prenuptial agreements from including anything that could make divorce favorable for one or both partners. This mainly refers to financial and property incentives.

Child Support and Custody

While a prenup can provide a clause that sets aside assets for a child from a previous relationship, any child support decisions or custody agreements for future children cannot be included. These are determined at the time of divorce by the courts and must follow state regulations.

Anything Significantly Unfair or Unbalanced Towards One Partner

As prenups are written with the understanding that both partners are considered equal, any clauses that are unfairly balanced or favor one partner over the other are restricted. This is often an issue tied to property and asset division.

FAQs

How Much Does an Orange County Prenuptial Agreement Attorney Charge for a Prenuptial Agreement?

Estimating how much an Orange County prenuptial agreement attorney charges depends on factors like:

• Hourly rate
• State requirements
• Consultation fees
• Administrative costs
• Court fees
• Processing fees
• Location
• Experience/education
• Financial complexity
• Number of negotiations

Straightforward prenuptial agreement cases can be relatively inexpensive. The more complex the terms or the more drafts are done, the more you can expect to pay.

What Type of Lawyer Is Ideal for a Prenup?

A family law attorney who is familiar with prenuptial agreements is the ideal lawyer for your prenup. Family law attorneys are also well-versed in California state laws and can help draft your prenup agreement. There are some tasks during the prenup drafting process that you can do yourself; however, at least consulting with a family law attorney is the way to know for sure that your assets are protected

What Is the 7-Day Rule for Prenups in California?

The 7-Day Rule for prenups in California is a mandatory waiting period required before signing the prenuptial agreement. Under California Family Code § 1615, both parties have seven calendar days to review the final draft of the contract. This gives them time to process the long-term implications of the terms in their prenup and seek legal counsel, should they choose to.  Failure to adhere to the 7-Day Rule could nullify your agreement.

Who Pays for a Prenup?

Both spouses pay for a prenup with attorney fees and additional case expenses. Typically, each partner hires their own attorney to represent them. Attorney fees make up the bulk of the total cost. Depending on the specifics of your prenup, other costs may be added, like appraisal fees for high-value assets, financial advising, administrative costs, court fees, consultant fees, etc.

Hire a Prenuptial Agreement Lawyer From a Boutique Law Firm

What sets Arman Khoshnood of AKPC Law apart from larger firms is his communication and personal relationships with his clients. A boutique law firm provides experienced legal counsel from an industry professional who has dedicated his career to family law, with more personal attention from your attorney. To get started on your prenuptial agreement, call Arman Khoshnood at AKPC Law and schedule a consultation today.