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What are the financial risks of a prenuptial agreement?

While they may not be the most romantic of declarations, prenuptial agreements are becoming gradually more socially acceptable in the United States. They can be beneficial for both parties, allowing for peace of mind in any eventuality. Additionally, they are beginning to be viewed as a way to prove that love is the real reason for the marriage, not material gain. From this perspective, prenuptial agreements may, in fact, be more romantic than they initially seem.

Another misguided perception of prenuptial agreements is that they are reserved for the rich and famous. This is simply not the case, and those with relatively modest assets can be set to benefit from a prenuptial agreement. If you are getting married in the state of California and you are concerned about the protection of your assets, it is important that you consider the different options available to you.

Who receives the business after my divorce in California?

Separation may constitute a grueling process. Dividing your home, assets and even pets may bring serious emotion, but your worries increase as you think about your vineyard business.

Over the last few decades, you cultivated a growing winery in California. Though you've held ownership in the vineyard since before you met your spouse, you fear that you will lose a portion of the business upon finalizing your divorce. Understand that under equitable distribution in California, a court may closely analyze you and your spouse's property - giving you rightful ownership of your own assets.

Traveling internationally after your divorce

Many families take international vacations to open their children's minds to new cultures and provide for quality family time. After you and your spouse divorce, you may worry about how you will maintain such a valuable family tradition.

Traveling outside of the country after separation may still be a possibility for you and your children. California laws aim to help parents maintain custody and visitation rights with family travel. To take your children out of the United States, you must follow specific steps to go on a legal vacation.

When should you consider a postnuptial agreement?

You and your spouse didn't put a prenuptial agreement in place before your wedding. Perhaps you didn't think you needed one, perhaps one of you was strongly against the idea or maybe you just never got around to it.

Now things have changed in your finances and/or your life in general. It's too late for a prenup, but not for a postnuptial agreement. Postnups can serve the same purpose as prenups. Couples can designate how their assets will be divided should they divorce. They can be used for other purposes as well, such as designating spousal support terms.

Garner, Affleck reportedly finalizing divorce, custody agreements

It's been over three years since Hollywood power couple Jennifer Garner and Ben Affleck announced their separation after a decade of marriage. When that announcement wasn't followed by any reported legal action, some fans held out hope that they would reconcile.

In April of last year, however, the two filed divorce petitions simultaneously. Last month, it was reported they were hiring a private judge to help them work out their various legal agreements to finalize the divorce.

Dividing assets: Complicated for divorcing “tech” couples

Silicon Valley divorces can be especially complicated for a number of reasons. In many cases, one or both spouses became very wealthy over a short period. They both want to protect that wealth as they go their separate ways.

Further, dividing some types of assets fairly can be a complicated endeavor. Real estate, bank accounts, investments and retirement plans are easy enough to determine the value of and to split.

Think twice before bringing someone along to meet your lawyer

The concept of lawyer-client confidentiality is the pinnacle of our legal system. Without confidentiality, clients would be unable to speak freely and truthfully with their lawyer and obtain competent guidance on their legal options. For those considering divorce, it may be tempting to bring along your friend or family member to an initial consultation when you are selecting an attorney.

Can California premarital agreements have terms on alimony?

There are many different goals premarital agreements (also known as prenups) can be aimed towards. One is to set clear expectations as to what will happen with key financial issues if a divorce occurs. This can help protect a person's financial interests in the event of a divorce.

One financial issue that can be very impactful in a divorce is spousal support. Can prenups contain terms regarding what will happen with alimony should a divorce occur?

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Daprile-Bell Family Law Offices

Daprile-Bell Family Law Offices
1224 Lincoln Avenue
San Jose, CA 95125

Phone: 408-918-0920
Fax: 408-918-0925
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