Newport Beach Marital Agreements Lawyer
Marital agreements allow couples to address complex and financial legal matters that may arise in the event of a divorce. Spouses can agree to a prenuptial agreement (a “prenup”), which is signed before they marry, or a postnuptial agreement (a “postnup”), which is signed after the wedding day.
These agreements must be drafted in accord with California law, lest they become null and void. Our lawyer has over 25 years of experience serving Newport Beach and all of Orange County. Attorney Marc E. Mitzner has won some excellent reviews from past clients and would be honored to serve you next.
Call (949) 806-5649 or contact us online today.
Common Reasons for Marital Agreements
- Managing business interests: Business owners may seek to clarify ownership and operational rights to their enterprise. Without such an agreement, a spouse may be entitled to a portion of the business’s value, potentially leading to disputes or disruptive outcomes.
- Preserving future inheritances: Couples may use marital agreements to protect inheritances from being commingled with marital assets. This allows them to keep family heirlooms, monetary gifts, or property in the intended lineage or ownership group.
- Addressing preexisting debts: Debt allocation is another compelling reason to consider a marital agreement. These contracts can delineate responsibility for financial obligations that either party had prior to marriage.
- Setting expectations for spousal support: Couples can agree in advance on the amount or waiver of future support, hopefully reducing uncertainty and financial conflict should the marriage end.
- Protecting children: For spouses with children from prior relationships, a marital agreement can protect the inheritance or financial resources intended for those children.
- Clarifying rights for high earners: High-income individuals often use marital agreements to manage the complexities associated with substantial earnings. These agreements can define how income is allocated in what may be complicated situations.
Though the reasons vary, marital agreements are a powerful legal tool designed to bring clarity, fairness, and protection.
What Can’t Be Included in a Marital Agreement
While marital agreements offer valuable ways to safeguard financial interests and clarify rights, California law has clear limits on what they can legally address. Any provisions that violate these restrictions may render portions – or the entirety – of the agreement unenforceable.
Here are some things you can’t include in your prenup or postnup:
Child Custody, Support, and Visitation
California prioritizes the best interests of the child in matters of custody, visitation, and support. Courts make these decisions based on the current circumstances at the time of divorce. A marital agreement cannot predetermine custody arrangements, visitation schedules, or financial support obligations for children, as doing so would undermine judicial oversight of the best interests of the child.
Unconscionable Terms
Marital agreements must be fair and reasonable. Courts will not enforce agreements that contain grossly one-sided or unjust provisions that exploit a party’s vulnerability. For example, if one spouse forfeits nearly all financial rights with no reciprocal benefit or protection, the terms may be deemed unconscionable and struck down.
Real Families, Real Stories
At Mitzner Family Law, APC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Dedicated, Fair, and Knowledgeable Legal Support"Marc’s commitment to fairness, respect, and diligent work ensures clients receive top-tier legal representation at a reasonable price, always with understanding and responsiveness.- Anonymous
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"Trusted Advocacy in Tough Times"Marc’s dedication, reputation, and fierce advocacy provide the support and confidence you need during a difficult divorce.- Nicole H.
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"Fighting for Fathers’ Rights with Integrity"Marc and his team provide dedicated, genuine support to help fathers navigate custody and child support with professionalism and care.- Centenario G.
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"A True Advocate in Family Law"Marc’s straightforward approach, thorough preparation, and dedication help clients navigate complex cases with confidence, achieving favorable outcomes when it matters most.- Jason
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"Support and Expertise During Difficult Times"Marc and his team offer compassionate, knowledgeable legal guidance, helping you make informed decisions while providing comfort during challenging moments.- Renee A.
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"Trusted Attorney with Proven Results"Marc’s honest, strategic approach delivers results without unnecessary costs—earning trust from clients and fellow attorneys alike.- C.B.
Protecting the Interests of Our Clients
Mitzner Family Law, APC works diligently to help clients develop strong, enforceable marital agreements that protect their rights and interests. Whether you are considering a prenuptial agreement before marriage or need a postnuptial agreement to address financial matters after tying the knot, having a well-crafted legal document in place can provide clarity and security for both parties.
You can count on Attorney Mitzner for conscientious representation, a strong negotiating strategy, and dedicated advocacy at every stage of the process. He is committed to helping clients make informed decisions, offering practical solutions that align with their goals and protect their financial futures. Clients deserve peace of mind knowing that their attorney is handling all the critical details with precision and care.
Call our Newport Beach office today at (949) 806-5649.
