In the absence of a marriage contract, you and your spouse will either have to reach an agreement on all the issues mentioned above – mainly the distribution of property and assistance to spouses – that you have not mentioned with a marriage contract, but you now have to do so at a time when tensions can be very high and agreement can be difficult. If you can`t agree, you need to go to a divorce proceeding where lawyers will negotiate these issues before a judge. By creating a marriage contract, you can avoid this often costly and controversial outcome. One aspect that a couple cannot include in a marriage contract is everything related to custody or custody of the children. In California, the courts will make all decisions regarding the custody and maintenance of children based on the best interests of the children. This means that a couple is not able to agree on the custody of current or future children, nor on the amount of maintenance of the child. However, it may include specific measures providing for additional payments, such as covering a child`s school fees or helping an adult child. To arrange a consultation on marriage contract issues, please contact one of Kearney Baker`s family law lawyers at 626-768-2945. Do you want to get married? Do you have certain interests and things that you want to protect in the event of a divorce? The team of Bruce A. Mandel, Torrance`s family law lawyer, can help you create a marriage contract that protects you and your interests. We can help you decide exactly what you need, work with you to create a matching contract and represent you if you want a marriage contract.
For more information, please contact us at (424) 250-9130 or visit our contact page. If, after the marriage begins, you realize that you want financial coverage through a marriage contract, it is not too late. The same goals can be achieved by signing a contract – known as a “post-ïdeur contract” – during marriage. Perhaps the most common use of a marriage contract is to set aside certain assets for a spouse if the couple divorces. For example, a prenup might require Joe`s family business to stay with him if he and Mary end their marriage, but that she is entitled to a portion of the business income during the marriage under California`s Community Property. The same goes for medical practices or other professional companies. A prenup is only valid if both parties have signed it, knowing well what they have signed. Since there is an agreement between two spouses who may have different interests and goals in mind, it is good for each spouse to be represented by their own lawyer when signing a marriage contract. . . .