How to Protect Your Clients w/ Prenups Explained by Walzer Melcher LLP Celebrity Divorce Lawyers скачать в хорошем качестве

How to Protect Your Clients w/ Prenups Explained by Walzer Melcher LLP Celebrity Divorce Lawyers

Presenters: Peter M. Walzer & Christina E. Djordjevich of California top family law firm Walzer Melcher LLP- August 26, 2020 Acclaimed celebrity divorce lawyer Peter M. Walzer & top family law attorney Christina E. Djordjevich of Walzer Melcher LLP discuss how a premarital agreement can protect a client's assets from death or divorce, when premarital agreements are not a good fit, how long it takes to negotiate and prepare one, and the legal limitations on these agreements. A premarital agreement or prenup is the ultimate financial planning event. What is going to happen in the next year? What is going to happen in the next five years? What is going to happen in the next 50 years? What is going to happen at death? What is going to happen at divorce? All are incorporated in a premarital agreement and discuss. So we're going to discuss all aspects of this program and prenups. Premarital agreements are not inexpensive, they are not for the average person, they are for people with wealth or people who are going to have wealth. And we charge accordingly because it's an agreement that could endure for a lifetime, it could be an agreement that is enforceable at death, it could be challenged so you want to have the agreement drafted correctly. And one of the tricks is you don't know where the prenup is going to be enforced, it's not the state where you get married, it's the state where you get divorced or you die. So we can only write for California but we do try to make it so the agreements are enforceable elsewhere, but we don't guarantee that by any means, they are very tricky and they're not easy. Lawyers have to be sensitive and the advisors need to be sensitive to the emotional component about prenups. Sometimes it's the parents that are the real client- they want the trust fund, they want the premarital agreement to protect their children's inheritance or gifting during the lifetime. Then there are the children that want the prenups for their senior parents who are getting married a second or third time and they want to protect their inheritance-hence, the adult children are the clients. Then there's the dynamic of the very wealthy fiancé marrying the person who has nothing. Not one size fits all, you've got to customize it to each couple. A prenup is definitely not the document to be penny wise and pound foolish on, everybody needs attorneys and it needs to be done right. Our office typically will not take on an engagement where the wedding date is less than 60 days from the date that the possible prenup comes in the door. With a postnup, there are fiduciary duties that exist because the parties are married. With a prenup, there are no fiduciary duties, more of an arms-length negotiation. Postnups are much more complicated and the disclosure duties are much greater and there are presumptions as to unequal bargaining power and being set aside and things like that. The number of postnups that have actually successfully been signed is very, very few. Postnup discussions tend to morph into a divorce, unfortunately. And from an ethical point of view, we don't want to create a situation where somebody can't get out of the marriage because there's nothing for them. A prenup cannot limit child support. #Prenups #CelebrityDivorceLawyer #PremaritalAgreements #TopFamilyLawFirm www.walzermelcher.com 818-591-3700 W&M presentations and other content should not be construed as legal advice on any specific facts or circumstances. The contents of our publications are intended for general information purposes only. You should not rely on the information in this site in making any decision, taking any action or refraining from taking any action. For more specific, comprehensive and up-to-date information, or for help with particular factual situations, you should seek the opinion of legal counsel licensed in your state. The content on this channel is provided “as is.” This information may not reflect current legal developments and is general in nature. It should not be relied upon or construed as legal advice, and it is not a substitute for obtaining legal advice about a specific question from an attorney licensed in your state.