In Need of a Prenuptial Agreement Lawyer in San Diego, CA?
Stolar Law Group, APLC, has extensive experience with prenuptial agreements. Our lead attorney at Stolar Law Group, APLC, has handled a wide range of different clients from many different backgrounds. These include many high-net-worth individuals, such as celebrities, licensed professionals, and even young couples starting out. With so many years of experience and such a wide range of clients, Stolar Law Group, APLC, we have seen it all. This means that whatever challenges may arise, you can rely on this nuptial agreement lawyer to find a solution.
Stolar Law Group, APLC in San Diego, can help you draft a prenup that protects what you have worked so hard to earn. In order to get the best possible result you need to hire a skilled San Diego prenuptial agreement lawyer. You don’t want to choose another attorney and end up with a prenuptial agreement that wouldn’t hold up in court, these are your life’s assets on the line. Don’t make a mistake and hire the wrong firm, set up a consultation with us today.
Couples tend to approach their upcoming marriages with all kinds of emotions. While they may feel excitement at their new life ahead, they might also feel a certain degree of uncertainty. One of the best ways to address these uncertainties is with a prenuptial agreement, also known in California as simply a “prenup.” By working with your fiance and your prenup attorney, you can plan effectively for all potential outcomes. After these productive discussions, you will know exactly what to expect as you begin your marriage. But what exactly is a prenuptial agreement? How does a prenup work? Why might you need one, and how can you choose the best prenup attorney in San Diego?
What to Look for in a Prenuptial Agreement Attorney
Ideally, spouses should work with a prenuptial agreement attorney who has considerable experience. Note that experience may be measured in numerous ways. For example, at Stolar Law Group, APLC we have over 40 years of experience drafting prenuptials. But our firm also has experience with a diverse set of clients with various needs and priorities. These include doctors, lawyers, CEOs, celebrities, and many others. With such a wide range of clients, it is likely that Stolar Law Group, APLC will understand the specific challenges you face, no matter your career or financial situation.
It also makes sense to work with a premarital agreement lawyer who drafts everything personally without delegating this task to others. This is something you can expect when working with Stolar Law Group, APLC, as the lead attorney at this firm, Steven Stolar drafts each agreement himself. During this process, you are free to discuss your needs and priorities. Choose a “hands-on” lawyer such as this, and you can feel confident your agreement is being carefully crafted by a real professional. Our lead attorney Steven Stolar handles each and every prenuptial agreement that comes to the firm. He makes sure that they are customized to protect your assets. Without him creating your premarital contract you run the risk of having a document that can be challenged. Not one prenuptial agreement that Steven has written has been successfully challenged.
Whatever you do, avoid using questionable apps or online forms. A prenuptial agreement is something that can save you millions of dollars in the future – so why entrust this process to a computer program? Give your prenup the attention it needs and book a consultation with Stolar Law Group, APLC instead. You don’t want to make the mistake of not hiring our firm, and forgoing a prenuptial agreement
Get in Touch With Stolar Law Group, APLC Today
If you are ready to begin discussing the possibilities of your prenuptial agreement, be sure to book a consultation with Stolar Law Group, APLC. Our firm has the needed experience to ensure your prenuptial agreement is protecting all of your most valuable assets. From the moment we pick up the phone, you will speak with someone who has seen it all before. Avoid common mistakes and trust this premarital agreement lawyer to meet your unique goals. Marriage can be a wonderful thing, but almost all relationships come with their own set of challenges. With a solid prenuptial agreement in place, you can avoid many of these challenges before your marriage even begins. Reach out today to get started.
What are the Key Advantages of a Prenuptial Agreement?
With a prenuptial agreement offering so much flexibility and unique benefits to different couples, it is easy to get confused about the key advantages of these contracts. At their core, prenups offer the following:
- Both Spouses Know Exactly What They are Getting Into
After creating a prenuptial agreement, spouses can approach their marriages with complete confidence in the future. There is very little uncertainty about what might happen in the event of a divorce since almost all possible eventualities have been covered and accounted for. In other words, there are no nasty surprises in the future. Whether one spouse wants to protect their assets or another spouse wants to secure a certain amount of alimony, both can dive into their relationships with peace of mind, confidence, and trust.
- Both Spouses Have a Productive Discussion About the Future
Drafting a prenup gives both spouses the opportunity to have a productive discussion about the future. Often, spouses never even bring up the subject of divorce as they approach marriage. This is because divorce is sometimes seen as a negative or awkward subject. By creating a prenup, both spouses are essentially forced to confront this possibility. Simply speaking about it can lead to greater understanding between spouses. Although the subject carries some stigma, spouses can work through this awkwardness and cultivate positive communication skills.
- Both Spouses Can Be Proactive Instead of Reactive
Perhaps the greatest key advantage of a prenuptial agreement is the power to be “proactive” instead of “reactive.” When spouses are proactive, they put plans in motion ahead of time. These plans account for almost every possible eventuality, and it means that little work is required in the future. It also limits disputes and ensures that the legal mechanisms behind divorce are highly efficient. With no prenup in place, spouses must instead be reactive in the event of a divorce. This equates to a mad scramble as spouses seek out attorneys, claim assets as their own, and attempt all kinds of legal tricks to gain the upper hand. Not only is this highly stressful, but the results are also less reliable.
Prenuptial Agreements vs. Postnuptial Agreements
The distinction between “proactive” and “reactive” sums up the differences between prenuptials and post nuptials nicely. While a prenuptial is proactive, a postnuptial is reactive. This distinction is important because proactive legal arrangements are always more reliable in court compared with reactive legal arrangements.
A postnuptial agreement occurs after the marriage contract has already been signed. Often, spouses create post nuptials because they realize they probably should have created a prenuptial. But all is not lost, as a postnuptial can still provide a number of benefits. A prenuptial, on the other hand, is created before the marriage contract. Often, post nuptials come into play after the marriage encounters a major roadblock, such as a major argument or an instance of cheating. Spouses may opt for post nuptials because they realize that a divorce is probably somewhat likely in the future.
Without getting too bogged down in the details, a postnuptial is less enforceable than a prenuptial because of something called fiduciary duty. In a marriage, both spouses owe each other a fiduciary duty, which means that they are legally obligated to act in each other’s financial best interests. Spouses who draft post nuptials must be careful not to violate this fiduciary duty. On the other hand, couples who have not yet married do not yet owe each other a fiduciary duty. This gives them much more freedom and flexibility as they draft their prenuptials.
In short, a postnuptial is generally seen as inferior to a prenuptial agreement. That said, both offer advantages, and there are times when a postnuptial agreement is definitely worth it. Either way, you will need to work with a qualified San Diego nuptial agreement lawyer to draft these kinds of agreements.
What Might Make a Prenuptial Agreement Invalid?
As previously noted, a prenuptial agreement may be considered invalid if it is deemed “unconscionable” by the courts. In the legal world, an unconscionable contract is one that is far too one-sided. It favors one party over the other to the point of being extremely unethical, and the court cannot enforce it as a result. So while it is possible to protect your assets with help from a premarital agreement lawyer, it is important to strike a delicate balance.
As previously mentioned, a prenuptial agreement is also invalid if the contract would cause any party to do anything illegal. This includes not only both spouses, but also any third parties, such as banks, brokers, and so on.
Finally, a prenuptial agreement might also be invalid if the contract was signed under duress or by a spouse who was not of “sound mind.” When a spouse is under duress, it essentially means that they were forced to sign the contract. This “force” might come in the form of both real or implied threats. The most obvious example is a spouse who threatens not to marry the other unless the prenuptial agreement is signed. This should be a clear reminder never to make these threats or ultimatums. If you do, your prenup may be invalid. A spouse is of “sound mind” when they have their full mental faculties. In other words, they cannot be intoxicated, mentally disabled, or inebriated in any other way. Don’t leave your future to chance, allow our attorney Steven Stolar to expertly craft your prenuptial agreement in a way that it is legally sound.
What Can a California Prenup Attorney Do for You?
Prenuptial agreements can help you achieve a wide range of goals, including:
- Asset protection
- More control over asset division
- Eliminates uncertainty between spouses
- Provides peace of mind
- Ensures relationships built on emotional connections rather than financial incentives
- Makes the divorce process quicker and less stressful
- Can make the divorce process less expensive
- Ensures that spouses are not stuck paying each other’s debts
- Can create certain penalties for marital misconduct during the marriage
- Ensures the lesser-earning spouse enters the marriage with financial security
Stolar Law Group, APLC in San Diego, can help you draft a prenup that protects what you’ve worked for. It should now be clear that prenuptial agreements can help both high-earning and low-earning spouses. It also involves much more than financial matters. Furthermore, prenuptial agreements are not necessarily reserved for wealthy couples. A couple with a moderate income may create and sign a prenuptial agreement simply to avoid a more expensive divorce down the road. Spouses concerned about incurring debt in the future can also work with a prenup attorney to clarify who should be responsible for paying these debts. For example, one spouse may plan to take on student loans.
Contact Our Law Firm at Stolar Law Group, APLC Today
If you are ready to begin discussing the possibilities of your prenuptial agreement, be sure to book a consultation with Stolar Law Group, APLC. With many satisfied couples, you can rest assured that your future is in good hands with our firm. With a solid prenuptial agreement in place, you can avoid many of these challenges before your marriage even begins. Reach out today to get started.