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Posted on in Divorce

California family lawyerMost people hear the word “prenup” and automatically assume the worst - that the marriage is destined to fail because one or both of the spouses do not trust each other. However, one of the best reasons to get a prenuptial agreement is not to protect your assets from the other spouse in the case of a divorce, but to protect the other spouse from your mounting debt. To find out more, do not hesitate to reach out to a San Jose prenuptial agreement attorney for answers today.

Debt Is a Growing Problem in America

There are many good reasons to consider a prenuptial contract. For one, it offers peace of mind (for the spouses and their family members) when one spouse is much wealthier than the other. Similarly, if you expect a future inheritance, a prenuptial agreement may be wise. Additionally, it may be a good idea to consider a prenuptial agreement if you are entering a second marriage but want to make sure that your children from your first marriage are left with your property if you pass away. But what about protecting the other spouse from your own financial woes?

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California divorce attorneyA misconception exists that the mere mention of a prenuptial agreement will somehow derail the harmony and happiness of one’s engagement period. The world has changed, however – drastically so. Even twenty years ago, Internet dating was regarded as inauthentic and inferior to meeting “naturally” in a coffee shop, grocery store, or student union. In 2017, we embrace information.

Modern couples can share information about their financial past, present, and future – putting everything in plain sight – and then working a with an experienced Los Gatos, SaratogaCupertino prenuptial agreement attorney to create and give legal effect to a premarital agreement that makes clear the intentions of each party.

When a Significant Wealth Disparity Exists, a Premarital Agreement May Be Wise

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California family lawyerIf you have children and are newly divorced, in the process of divorce, or seriously contemplating divorce, the issue of child custody is surely on your mind. You may be anxiously anticipating a contentious court battle, for example. The truth is, however, is that the kind of hostile courtroom scenarios depicted in television and film are not representative of the vast majority of dispute resolution.

Divorce is common and in many cases mutual and free from larger-than-life rancor and, when children are involved, with ex-spouses working together to share custody. Such sharing, in legal terms, is known as “joint custody.” An experienced Sunnyvale family law attorney can help determine whether joint custody is best for you and your children.

Joint Custody Is Conditional on Certain Minimum Criteria

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California divorce lawyerThe divorce rate is so high and the cost of divorce litigation so expensive that there is in both California and the broader United States a divorce economy. Specifically, the divorce rate in California is a whopping 60 percent – twenty percent higher than the national average. The cost of divorce litigation is, at the low end, $40,000 per spouse.

In Orange County, 371 miles south of Los Gatos, attorney’s fees alone for 31 recent divorce filing ran on averaged an astonishing $150,000 per spouse. Not only that, but for each child custody evaluation flowing from the filings, California taxpayers picked up a $10,000 bill. If you are in the process of divorce or merely contemplating divorce and your head is now reeling from the potential financial toll, know that mediation is an alternative to divorce that has helped many Californians save both money and stress. With the help of an experienced Cupertino/Los Gatos divorce and mediation attorney, you can work to avoid costly litigation.

The Road to Trial Is Long and Costly

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Posted on in Divorce

California divorce lawyerIf you are going through a divorce in the Santa Clara County and have signed a prenuptial agreement, you may wonder how it will affect your proceedings. In many cases, prenups simplify the divorce process, as these agreements dictate how property will be divided. Property division can be one of the most contentious aspects of divorces.

However, there are many requirements a prenup agreement must meet in order for the court to enforce it in full, as written and signed by the parties. If you seek to invalidate a prenup agreement, it is important to be aware of common mistakes that can be made. If you seek to enforce a prenup agreement, it is critical to identify weaknesses in the agreement and formulate a defense as to why the contract should be enforced.

In general, California follows the Uniform Premarital Agreement Act (UPAA), which is a set of recommended laws adopted individually, in whole or in part, by states across the country. Some of the requirements and prohibitions found in UPAA include:

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