The Law Offices Of Joseph Torri
A California Family Law Firm
Call for Affordable Legal Services
The Law Offices of Joseph Torri focuses on various practice areas within family law. Our firm has represented clients throughout Whittier and surrounding areas with various family law issues, such as divorce, child custody, child visitation, child support and the assigning of spousal support. They also helps to create and defend prenuptial agreements and postnuptial agreements.
California is a community property state. Unless otherwise specified in an agreement between the future or current spouses, all income, assets and debts are considered to belong equally to both of the spouses. The purpose of a prenuptial or postnuptial agreement is to create a binding agreement between the parties that will supersede the traditional rights of spouses under California property laws. Prenuptial and postnuptial agreements can include various terms, such as the amount of money a spouse will have if a divorce occurs, the types of property that a spouse will have if a divorce occurs and a limit on support if an event occurs, such as infidelity. A prenuptial agreement is an agreement that occurs prior to marriage while a postnuptial agreement is an agreement that occurs after the marriage begins. The Law Offices of Joseph Torri can assist you in creating a prenuptial or a postnuptial agreement.
Occasionally, disputes arise regarding the validity of a prenuptial or postnuptial agreement. According to Section 1615 of the California Family Code, a premarital agreement is not enforceable if it is proven that:
According to this statute, to be an unconscionable agreement, the party must prove that he or she did not receive full disclosure regarding the other party’s property or monetary obligations, the party did not waive his or her right to disclosure of the property or monetary obligations and the party had no knowledge regarding the property or monetary obligations. The court will determine whether these elements were proven as a matter of law. The court can look at factors such as the presence of counsel for both parties during the time the agreement was made and the amount of access that the party had to financial information regarding the other party. If the prenuptial or postnuptial agreement is determined to be unconscionable, the agreement will not be enforced and the distribution of property will revert to the general community property rules.
Prenuptial and postnuptial agreements provide a method to protect youu and your spouse’s financial future. They must be carefully drafted so that they will not be struck down as unconscionable or unenforceable agreements.