Prenup Lawyer for Premarital Agreements | Mission Viejo, CA | Fountain Valley, CA | Orange County, CA

"Zev had done such a wonderful job updating our family trust that we of course went to him for the drafting of a prenuptial agreement. He was on-time, thorough, complete and professional in his approach to this important document and prepared something that appropriately protected our interests while providing for the future spouse in life (in the event of divorce) and after death, as both are totally different circumstances. I recommend Zev highly to anyone who has the need for either prenuptials or estate planning -- as they both really go hand in hand."
J.G., Orange County
What is a Premarital Agreement & What Can it Do For Me?

Premarital agreements are often referred to as prenuptial agreements, antenuptial agreements, and commonly called prenups for short. A prenup allows parties contemplating marriage to define their respective property rights toward one another.

A premarital agreement (prenup) can serve to define the separate property estates of both a husband and wife and define who will receive what assets in the event of a divorce. A premarital agreement (prenup) can define what each spouse will get at the death of the other spouse by dealing with inheritance and estate planning issues. Lastly, a legally valid premarital agreement (prenup) can define how much, if any, spousal support a spouse would be entitled to in the event of a divorce. A premarital agreement (prenup) cannot determine, however, any issues with regard to child support or child custody; and a prenup cannot alter the legal requirement that spouses support one another with the necessities of life.

A fair and legally valid premarital agreement can do more for a couple than simply define their property rights. A well crafted, balanced prenup can provide peace of mind both for those contemplating marriage and their families by addressing financial and personal issues which otherwise could create division and rancor. For instance, a premarital agreement can minimize the risk that one spouse's assets will be liable for another spouse's debts. A premarital agreement can provide some assurance that the children of a spouse from a prior marriage will not be disinherited as a result of a new marriage.

What is Required to Have a Valid Premarital Agreement?

A pre marital agreement must be in writing and signed by both spouses prior to marriage. It becomes effective upon marriage. There are several legal requirements that must be met for a prenup to be legally valid. When premarital agreements are challenged, the Family Law Court wants to make sure that both spouses understood how the premarital agreement would affect their rights, both parties entered the premarital agreement with a full knowledge of facts that could affect their decision to agree to the terms of the prenup, and neither party was rushed into signing the prenup. In order to insure that a premarital agreement will be binding on the spouses if it is ever tested in Family Law Court, both spouses must disclose their assets, liabilities and income, and each party should be represented by their own, independent attorney. Finally, the terms of the premarital agreement should be fair to both spouses in view of each spouse's financial situation and the ability of each spouse to support themselves independently, without the help of the other spouse.

Why Utilize the Services of Zev S. Brooks for My Premarital Agreement?

I assist my clients with the drafting of, or review of, premarital agreements for a fixed fee and because of my estate planning knowledge, I can also assist my clients with amending or creating estate planning documents such as a will, trust, powers of attorney, etc. to reflect the terms of the prenup with respect to gifts and rights afforded a surviving spouse.

In addition, I recognize that both spouses need to be protected in a premarital agreement. This approach to drafting prenuptial agreements not only makes the prenuptial agreements I draft less susceptible to challenge, but also works to make the sensitive process of drafting and negotiating a premarital agreement less uncomfortable for all involved.

What is a Transmutation Agreement?

A transmutation agreement is a contract entered into between spouses after marriage which defines their respective community and separate property estates. A transmutation agreement can be a very effective way to protect assets of one spouse from potential creditors of another spouse under the right circumstances.

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18030 Brookhurst Street, PMB 393, Fountain Valley, CA 92708
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He was knowledgeable, thorough, and always accessible when questions arose. Zev is a lawyer in whom we have total confidence.