Frequently Asked Questions

What is a prenuptial agreement?

A prenuptial agreement is a contract between two marriage partners that details how property owned by each partner prior to the commencement of the marriage will be divided if the marriage should be terminated. 

When is a prenuptial agreement created?

Prenuptial agreements may be filed before the couple is married or after the couple is married. 

What are marital assets?

Marital asset is a term that refers to the property that is jointly acquired by spouses throughout the duration of their marriage.  All property, including homes, cars, property, and debt, is considered marital property or community property.

What is separate property?

Property that is acquired before the start of a marriage is considered separate property.  Separate property may include inheritances or third party gifts.  Unlike marital assets or property, separate property is not subject to distribution between the two spouses. 

What happens when spouses cannot agree upon the distribution of their marital assets?

If spouses cannot come to an agreement regarding the distributional of their marital assets, the local family courts will usually have to intervene and make the important decisions for them.

Why should I hire a family law attorney?

If you are going through a family law matter, you should always consider retaining the services of a family law attorney.  A family lawyer will have the training and litigation experience in this area of law it takes to be successful in and out of court.  Additionally, a family law attorney ill know how to negotiate on your behalf and protect your well-being.

What types of family law case does your firm handle?

The Law Offices of H. William Edgar is a full service family law firm handling cases involving divorce, legal separation, prenuptial agreements, marital assets, separate assets, and property division.