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The Breakdown of a Prenup

Whether you’ve been married before or have simply heard about it in the media, a prenup seems to be a pretty controversial topic of discussion. In most recent news, it was reported that Justin Bieber and Hailey Baldwin got married without a prenuptial agreement. When this news broke, the internet nearly exploded! Everyone with an opinion spoke about how foolish it was for Bieber to forgo the protection of a prenup. Now, this begs the question: what exactly is a prenup and why do I need one if Bieber decided against it? Finish reading this blog to learn the complete breakdown of what a prenuptial agreement is!

Basically…

A prenuptial agreement is a contracted agreement that both people who are getting married will sign. Within the agreement, the breakdown of important assets within the marriage are delegated in the event of a divorce or death. Every state has specific laws as to what can be put into the prenup and what is left out, however the degree of distribution is always circumstantial and will vary from couple to couple. No two prenup contracts are the same.  

Circumstantial Fairness

Everybody has a different idea of what is “fair” in life. When it comes to finances and important assets within a marriage, fairness is taken to a whole new level. Many different aspects of the marriage are taken into consideration when deciding how to delegate everything. The assets you brought to the relationship before marriage are documented, along with the potential to inherit different assets down the line.

Full Disclosure

One of the most important parts of a prenup is full disclosure at the beginning of the marriage. Both people must come forward and disclose all the assets that they have before the marriage is final. Within the contract, those assets are protected. If you had a successful business in your name leading up to the marriage, in the event of a divorce, your spouse would have no rights or claim to the business revenue. Assets that are documented to be inherited at a later date from a family member should be included in a prenup as precaution. Imagine your father or mother had a successful business that was to be passed down to you; should you divorce, a prenup with disclosure on the future inheritance of this business will protect you from having to worry about your spouse seeking anything from the matter.

Alimony?

Most prenup agreements will cover the topic of alimony. More times than not, alimony is only brought up in the agreement if it’s being waived. At the end of a marriage, without the mention of alimony in the prenup, either person could attempt to receive alimony from the other. However, this is to be determined by a judge at a later date. If waiving the right to seek alimony is agreed upon by both people, it can be a great precaution down the line.

Children?

When it comes to divorce, many people immediately think of their children. The struggle to fight for custody can be relentless and stressful. Many will look into prenup agreements to see if they can put into motion the agreement of what will happen to the children in case of divorce. Unfortunately, prenuptial agreements aren’t allowed to include the topic of children. All situations involving children must be directly handled in court by a judge. No prewritten agreement will ever be able to say otherwise.

Conclusion

Prenups are a heavily discusses topic in the media. This type of agreement is a great way to stay protected should the marriage end on less than happy terms. Both parties are fairly considered and it is decided what the fairest way to divide everything is. If you’re interested in learning more about prenuptial agreements before you say “I do,” check out our website and give us a call today!

Managing a Difficult Divorce With a Spouse

What’s more emotionally taxing that going through a divorce? Going through a divorce with a particularly difficult spouse. Marital separation is a process rife with legality, compromise, and deliberation and one that asks for quite a fair bit of mental fortitude. Throw a spouse into the mix who’s at the ready to toss in some healthy servings of personal hang ups and a dash of hostility for the hostility’s sake, and you’ve got yourself one particularly stress-inducing battle ahead of you.

Of course, stress is exactly what the opposing party wants from you. By getting you to act emotionally, they can hurt your chances of walking away with things like custody or your current property. We’re here to remind you that dealing with a difficult spouse is just par the course when it comes to divorce and that there are some helpful mindsets you can adopt that’ll make the process less of a slog for all parties involved.

Don’t Focus on Convincing Your Spouse

The goal of any argument, before it devolves into a screaming match, is to convince the other party that your opinion is in the right and more logically fortified. Do yourself a favor and shake that notion out of your head before it ends up costing you in court. If communication was a particularly weak suit in your relationship, odds are it’s not going to get any better in courtroom or at a table with lawyers present. Emotion will absolutely trounce logic in a conversation with your spouse, especially if they’re going out of their way to press your buttons. That being said, work with the healthy relationships you do have and be entirely candid and open with your divorce attorney. The more information they have on your current circumstances, the better they can help. Opting instead to take that more logical approach with a hurt spouse can just end up weakening your case.

Focus on Changing What You Can Actually Change

Building off of what we mentioned above, it’s also important to keep in mind that narrowing your focus on the problems your spouse is causing is a recipe for disaster. If you know there’s no hope in changing their mind, then the most constructive thing you can do is shift your focus inwards. Take a moment of self-reflection to come to a conclusion on the changes you can make yourself that can help your case. Start by gathering and organizing all of your legal documents and open your own solo bank/credit accounts. Compose and recollect yourself and all of your necessary legal requirements and present the best version of yourself when fighting for your rights.

Maintain Good Connection

This may seem contradictory to everything we mentioned earlier, but, as much as you wish it weren’t so, communication is a requirement in a divorce even if your spouse is being particularly difficult. The trick is to set up a grounds for your chat that curbs most of your impulses to fight. For example, meeting at neutral ground like a coffee shop is well advised. If you feel like any face-to-face meeting is doomed to end in a screaming match, try and set up communication over text or email. You’d also do well to keep documentation of the conversations you have with your partner as well in case something they say or do can be used in court.

Conclusion

Divorce is a trying process for both parties. Odds are one or both spouses feel hurt and it’s easy to let emotion take the reins in a case that should otherwise be treated logically. Remember to fight the urge to resort to mudslinging and name calling, these only make your case seem less logically sound and, should you have a child in the middle of it all, could end up hurting relationships that matter to you.

The 5 Types of Restraining Orders in California

Everyone should be afforded the most basic right of safety in their day to day routine. Unfortunately, strenuous relationships with personal or professional acquaintances can often leave many feeling like that very safety is in jeopardy. In the face of that uncertainty, restraining orders help protect you and your loved ones from those you feel to be a threat.

Of course, when it comes to securing a restraining order, knowing which ones are made available to you can help you better protect what matters most. Read on for a brief rundown of the different restraining orders California has to offer and find an attorney with experience with those kinds of cases.

Domestic Violence Restraining Orders

Like the name implies, domestic restraining orders are reserved for victims of abuse in the home. For a relationship to be eligible for this variety of restraining order, both parties need to either be in a domestic relationship or be closely related. Some examples of these kinds of relationships include:

● Married couples
● Divorced couples
● Both current and former dating couples
● Couples with children

Contrary to popular belief, roommates aren’t eligible for a domestic restraining order.

Workplace Restraining Orders

Reserved for troublesome relationships in the workplace, employers are tasked with securing workplace restraining orders for employees they feel have their safety threatened. Whether the relationship has spurred threats, harassment, stalking, or physical violence, this restraining order is geared to address the issue.

Civil Harassment Restraining Orders

Conversely related to the domestic violence restraining order, civil harassment orders are reserved for relationships that don’t fall into the prior category. Relationships such as neighbors, friends, and family are all eligible for these sorts of restraining orders.

Dependent Abuse Restraining Orders

Abused victims over the age of 65 or those above 18 with mental or physical disabilities can be eligible for a dependent abuse restraining order if they are being physical or mentally abused. In cases like these, “abuse” can mean a variety of things including neglect, abandonment, financial abuse, or even deprivation of care from a designated caregiver.

Emergency Protective Restraining Order

In special scenarios where a victim feels like they are at immediate risk of harm or abuse, they can place a request with their local law enforcement authorities for an emergency protective restraining order. These orders a typically short and very limited in duration and must be regularly extended until a more iron-clad restraining order can be secured.

Conclusion

When it comes to your protection and safety, knowing what options are made available to you is essential. Always stay informed about the different kinds of restraining orders made available to you in California and leave both you and your loved ones’ safety in capable hands.