In years past, prenuptial and postnuptial agreements were considered the province of the wealthy. The fact is, however, that prenuptial and postnuptial agreements are sensible for couples from all walks of life. These agreements must be carefully structured in order to protect your interests. Working with an experienced attorney can offer substantial benefits. For decades, I have created prenuptial agreements, postnuptial agreements and marital settlement agreements for people throughout California.
Any couple about to wed can benefit from a prenuptial agreement. If you are entering into a second or subsequent marriage, or if you or your spouse is bringing substantial assets or debts into a marriage, a prenuptial agreement is an especially good idea. Under California law, a prenuptial agreement must meet the following requirements to be enforceable:
- Each party must fully disclose all assets and liabilities.
- Each party must be represented by independent legal counsel, or must waive the right to legal counsel.
- There must be seven days from when a person first viewed the prenuptial agreement and when the prenuptial agreement was signed.
- The agreement is not executed under fraud or duress.
Having prepared many prenuptial agreements over my career, I understand how to prepare agreements that meet your needs. I always create these documents with the goal of withstanding any future judicial scrutiny. If you have been presented with a prenuptial agreement, I can review the agreement, make revisions as necessary and help you negotiate favorable terms.
When issues between spouses regarding property or finances arise, a postnuptial agreement may be appropriate. These agreements must meet the same legal requirements as prenuptial agreements. A postnuptial agreement, like a prenuptial agreement, can cover many issues, including designating what type of property will be classified as community property or separate property. I will take the time to understand your needs and create a postnuptial agreement that reflects your wishes.
Marital Settlement Agreements
When divorcing spouses resolve the various issues in their divorce (custody, property division, child support, alimony), their agreements must be set out in writing. Each party’s lawyers are responsible for creating a marital settlement agreement. When I represent clients in divorce, I will ensure that the marital settlement agreement reflects your needs.