Marital Agreements

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Huntington Beach Marital Agreements Lawyer

Also Representing Clients in Long Beach, Manhattan Beach, & Murrieta

Many marrying couples negotiate and draft prenuptial agreements (also known as premarital agreements) outlining the property rights and the responsibilities of each party should the marriage end in divorce. These agreements then go into effect upon marriage. If you and your spouse failed to take this preliminary step, you can still negotiate, draft, and put into effect the same type of written contract after you have already married. These are referred to as marital agreements. 

At Furubotten Law, we can help you negotiate the terms of your marital agreement, after which it can be drafted and signed by both sides. If you have been presented with such an agreement by your spouse, we highly recommend that you seek our counsel so we can review it. Either way, you will want to ensure that the agreement is legally valid and binding, that your rights have been protected, and that the agreement is created with your best interests in mind. 

Marital Agreements in California

Marital agreements carry out the same goals and purposes as premarital agreements. They are based on full disclosure by both parties of their property, assets, debts, and financial resources. They must be fair, without undue advantage to one spouse, and cannot have been created through fraud, coercion, concealment, misrepresentation, or undue influence. They cannot address child custody arrangements or child support, although they can predetermine spousal support

These agreements can do the following:

  • Clarify what is community property (owned by both parties)and what is separate property (owned by one party only)
  • Change a property or asset from community to separate or from separate to community through a transmutation agreement
  • Delineate how bank accounts, real estate, investments, vehicles, business ownerships, and more will be divided and distributed 
  • Ensure that estate plans, such as those providing inheritances to children from previous relationships, are protected
  • Establish agreements for any other financial matters, such as pensions, retirement accounts, insurance policies, and more

The benefit of creating a comprehensive marital agreement is that it is designed to reduce conflicts related to marital property division in the event of a divorce. This can save you and your spouse the time, money, and stress involved in litigation. However, to certify that your marital agreement is enforceable, you should ensure that it has been created according to legal standards. 

At Furubotten Law, we have represented thousands of clients in matters related to marriage and divorce since 1996. If you need assistance with any aspect of your marital agreement, from its negotiation to its finalization, you can count on our understanding and application of California law. 

Connect with Furubotten Law online or at (714) 266-3400 to schedule a free initial consultation with a Huntington Beach marital agreement attorney.

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Denise Furubotten Attorney & Founder

Our founder and President, Denise A. Furubotten, has been in practice for more than 25 years and has represented thousands of clients throughout the State of California. She is admitted to practice in State and Federal Courts and is currently a member of several regional Bar Associations. She is respected by Courts and colleagues alike.

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