Strategic Premarital And Postnuptial Agreements In California

While no one plans to eventually divorce or separate, when a partner enters a marriage or domestic partnership with significant income, assets or property, he or she needs to be prepared in the event that the relationship should end. A prenuptial agreement or domestic partnership agreement is an effective way to keep personal property separate from community property and to establish a mutual agreement regarding spousal support.

At Family Law Group, Inc., we encourage all couples entering a marriage or domestic partnership to draft a legal agreement for their relationship. From offices in Livermore and Redondo Beach, we serve clients throughout the Bay Area and Los Angeles.

Ensuring An Enforceable Agreement

Premarital and post-marital agreements will help you stay in control of your money and property, and avoid conflict. However, you can only receive the full benefits of your agreement if it can be enforced in court. To create a valid prenuptial agreement in California, couples must meet several “due process” requirements. We ensure your agreement satisfies these critical standards:

• Full financial disclosure: Both parties must provide a complete “snapshot” of their assets and debts.
• Independent counsel: To waive or limit spousal support, both parties must be represented by independent attorneys.
• Voluntary execution: The agreement must be signed without duress or coercion.
• The 7-day waiting period: California law requires couples to have at least seven days between receiving the agreement and signing it to allow for review and consideration.

We also help you create an agreement with clear terms to avoid ambiguity. This can help ensure that you can enforce your agreement and limit the opportunities for misinterpretation.

Postnuptial Agreements: It’s Never Too Late For Clarity

If you are already married or living with your partner, you have missed the window for a prenuptial agreement. However, you can still create an agreement regarding the division of property and support if the relationship should end. California law allows you to create a postnuptial agreement to define what property is marital and what property is separate. This is often used when:

• One spouse receives a large inheritance.
• One spouse starts a new business.
• The couple wants to define “separate” vs. “community” property to avoid future litigation.

There are different rules and limitations for these types of “postnuptial” agreements, so it is important to consult an experienced postnuptial agreement attorney for assistance.

We Have In-Depth Knowledge Of California Laws

Recently, our lawyers have observed an influx of domestic partnership agreements, as well as prenuptial agreements for same-sex couples. We are familiar with the evolving laws in these areas and are prepared to help you create a customized agreement to meet your specific needs.

Contact Us To Get Answers To Your Questions

The first step toward protecting your financial well-being with a premarital agreement can begin with a consultation with our team. To learn more about premarital agreements, please call our law firm at 925-344-3524 (Livermore) or 310-868-6906 (Redondo Beach). Or, contact us online to arrange a consultation.