Concerns About a Prenuptial Agreement? Contact Our Top Fresno Attorneys Now

Prenup Agreement

Are you searching for an attorney to draft a prenuptial agreement? As the founder of the Law Offices of Rick D. Banks, I have over 20 years of experience representing clients in their family law and divorce matters. I understand how important family law matters are and how the outcome of a case can affect many aspects of my client’s life. Sensitive to my client’s wellbeing, I put careful consideration, thought and planning into each case that I work on.

My firm has an A+ Rating from the Better Business Bureau. I am a proud member of The National Trial Lawyers: Top 100 Trial Lawyers, and I am the author of the book, Win Your Divorce, which reached Amazon’s #1 Best Seller List. When you come to my firm for help with your prenuptial agreement, you can be rest assured that I will help you establish a premarital agreement that will have your best interests at heart.

California Premarital Agreements

Some fiancés are reluctant to enter into a premarital agreement because they believe they are unromantic or indicate a lack of trust. However, many people aren’t aware that if they don’t sign a prenuptial agreement, their marriage will be governed by a complex set of laws outlined in the California Family Code and Probate Code. Couples have a choice between a set of rules negotiated between them and their fiancé, or by those laws imposed by the state, over which people will have no control.

The drafting and negotiating of such an agreement may actually strengthen a relationship because the process requires a full disclosure of each fiancé’s financial situation, thereby involving an open and honest discussion about how to handle income or assets in the future.

What Can A Fresno Prenuptial Agreement Do?

  • Determine the rights and obligations of each party in any property belonging to either or both of them, regardless of when or where it was acquired.
  • Determine the rights to buy, sell, use, transfer, lease, and mortgage or sell property.
  • Outline how property is to be disposed of upon separation, divorce or death.
  • Create a will or trust to carry out the provisions of the agreement.
  • Waive or limit spousal support, providing the provision is not deemed unconscionable.
  • Outline the ownerships rights and disposition of the death benefit from a life insurance policy.
  • Any other matter regarding personal rights and obligations, as long as they are not unlawful.

While prenuptial agreements are powerful instruments that allow couples to be in control of their futures, instead of succumbing to state laws, they cannot regulate child custody or child support.

Prenuptial agreements have the ability to regulate all aspects of how separate and community property assets and liabilities are handled. In the case where a financially independent couple each have their own resources, the prenup can provide that all income, assets, debts and property acquired by each individual remain separate property.

The couple may decide that all property acquired during the marriage remain community, but certain property brought into the marriage such as a family business always remain separate. Since each situation is unique, a prenup should be carefully tailored to meet the circumstances of each couple.

When drafting a prenuptial agreement, each party should be represented by their own attorney. To arrange a consultation with me, please call (559) 222-4891.