Prudent Planning to Protect Your Assets in Case of Divorce

Anticipating divorce is an unpleasant topic, but a premarital agreement is a good way to avoid contested proceedings in the future. Premarital agreements can also prevent disputes within the marriage about financial arrangements and can clarify the responsibilities of each party before the marriage.

The Mack Law Offices in Palm Desert, California, prepares or litigates prenuptial agreements and post-marital agreements on behalf of clients throughout the Coachella Valley and the High Desert. Contact us today at 760-346-1800 to discuss how we can help.

Premarital Agreements

Clients are often reluctant to engage in "divorce planning," and this is a natural reaction. But the reality is that a high percentage of marriages end in divorce at some point. An agreement specifying separate property and community property rights can help avoid conflict in the event of a divorce.

Anyone can benefit from a premarital agreement, but you are particularly prudent if:

  • You have significant assets and your fiancé/fiancée does not.
  • You are entering a subsequent marriage and want to protect your estate for the benefit of your children from a prior marriage.

Postmarital Agreements

After you are married, it is still possible to delineate community property from separate property in a postnuptial contract. Common scenarios include:

  • Protecting a business that one party has established before marriage, or gifts received before or after marriage
  • Segregating proceeds of an inheritance received before or during marriage
  • Protecting assets such that long-term care or terminal illness does not completely deplete the estate for the healthy/surviving spouse

Litigation of Premarital Agreements

A prenuptial contract can be challenged if it was not clearly written, or if one party did not have an opportunity to review it with legal counsel before it was signed. Mr. Mack is an experienced trial lawyer who can challenge or defend premarital/postmarital agreements in court, or help parties negotiate an out-of-court resolution.

Premarital and postmarital agreements can simplify divorce and help protect the client from contested litigation. Contact an experienced attorney who pays attention to the details. We offer confidential consultations at 760-346-1800.

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