A Prenuptial Agreement, also known as Premarital Agreement, is a contract between two persons planning to marry that determines the rights they would have to each other after the marriage. Prenuptial Agreements are used to control how property will be divided in the event of divorce or the death of either spouse.

When you get married, the law gives you and your spouse certain rights in each other’s property. This includes property you acquire during marriage and may include property you acquired before you got married. A prenuptial agreement can be used to avoid some of the stresses of divorce (or probate). Also, by using a prenuptial agreement, you and your spouse can write your own guidelines to be used in case of dissolution of your marriage instead of the relevant family laws.

If you and your future spouse intend on developing your career, it might be a good idea to enter into a premarital agreement giving up rights in each other’s income or business. On the other hand, if you are in business together, a prenuptial agreement could outline how the business will be divided in the event of divorce.

If you have children from a prior marriage or relationship, a prenuptial agreement may be the only way to assure that the children are protected in the event of divorce or death. Otherwise, all of your property may go to your second spouse, with your children getting nothing.

If you have business partners, especially if they are family members, you should have a prenuptial agreement to prevent disruption of the business in the event of divorce or death. Otherwise, you or your partners may end up with your spouse as a business partner.

There are several conditions that must be met prior and during signing of a Prenuptial Agreement in order for the court to enforce it. That is why it is essential to have a competent attorney helping you to draft or review such an agreement.

For more information or to schedule a free consultation to discuss any of your questions regarding prenuptial (premarital) agreements, please contact Law Offices of Liana Nazaryan in Glendale.