Draft prenuptial agreements to avoid errors during divorce

Divorce in Orange County, California, is a process that requires completion. But, like many others, divorcing couples may commit common errors along the way. Orange County couples who are currently in the process of a divorce may encounter different people who specialize in helping couples navigate a divorce – the like mediators, therapists, counselors, court administrators, judges and attorneys. Divorcing couples should utilize this assistance that is available.

Every divorce case is distinct from every other, and some issues that need to be discussed in the process can be settled through one agreement. A prenuptial agreement can be signed by both parties before they tie the knot. The parties must disclose their assets and income before they can finalize such an agreement. And an attorney can overlook the entire process to avoid future litigations.

Attorneys are not therapists. This is one of the common mistakes of divorcing couples. Some people get confused with “counselors-at-law” and counseling from a therapist. During the process, a person going through divorce should make a schedule when consulting an attorney to maximize the attorney’s help. Having a list of questions or concerns can help ensure that all details, including prenuptial agreements, are addressed.

Some divorce cases turn contentious as both parties fight for everything. Equitable division of property is not always 50/50. A piece of advice: Prenuptial agreements can help in this process as both parties will have signed the agreement stating that, in the event of divorce, certain pieces of properties will be allocated to one party or to the other. But sometimes, divorcing couples may choose to question the validity of the premarital agreement signed or refuse to honor what is written on it. During the division of property, divorcing people may give up one piece of property (regardless of the price) in exchange for a piece of property he or she really feels strongly about keeping.

Another error divorcing couples usually face is the failure to truly know their attorneys. It is important that the attorney hired is sensitive enough to handle divorce issues, such as enforcing a prenuptial agreement.

In Orange County, there are legal professionals who handle divorce with finesse. Having a well-planned prenuptial agreement can help make the job of the legal professional easier and less costly in the event of divorce.

Source: Huffingtonpost, “Common Errors Can Affect the Cost of Your Divorce,” Diane L. Danois, Jan. 15, 2013