FAMILY LAW LITIGATION

Prenuptial and postnuptial agreements can be a delicate subject to raise with your potential spouse. This discussion does not need to be awkward. With the right approach, it allows the parties to enter into their union with confidence. This proactive communication provides a better understanding of the expectations of one another.

Prenuptial Agreements

A prenuptial agreement is a contract that the couple enters into before getting married. This agreement will establish at the outset how to handle matters if the couple later divorces. It can also determine what will happen if any other specified events occur. A prenuptial agreement lets a couple begin their new life together without uncertainty about what the future may bring.

The terms included in a prenuptial agreement can be flexible, with some exceptions. A prenuptial agreement usually determines ahead of time how to divide community property. It also determines whether there will be spousal support and if so, what the terms are. It can also detail how to handle premarital debt. The agreement can be custom-tailored to accommodate the individual needs that a marrying couple may have. For example, it may include a “sunset clause,” which specifies the termination of the agreement after a certain number of years of marriage.

The biggest restriction to prenuptial agreements in California has to do with the well-being of the children of the marriage. A prenuptial agreement cannot eliminate or set child support amounts, child custody arrangements, or child visitation.

When To Get a Prenup

When is it a good idea to have a prenuptial agreement? It’s never a bad idea to consider entering into a prenuptial agreement, especially if both people are open to it. A prenuptial agreement can be helpful in many situations. For example, when it is a second marriage for one or both of the parties, a prenup is often sought out. Or, when one spouse enters the marriage with greater assets than the other, a prenuptial can help the wealthier party protect his or her assets. It can do so while taking measures to assure and treat the other spouse fairly in the event of dissolution.

There are many legal requirements to meet for a prenuptial agreement to be valid and enforceable. For example, the prenup must be in writing and signed by both parties. Prenups also require a full disclosure of assets and debts by both parties. Both parties must also have independent counsel or waive their right to independent counsel.

If any of these requirements are not met, it may void the prenup. The best way to ensure that your prenuptial agreement will withstand a challenge is to seek counsel from an attorney.

Postnuptial Agreements

A postnuptial agreement is a contract after a couple has entered into marriage. It outlines the ownership and division of financial assets in the event of a divorce. The contract can also outline any children’s needs or other obligations for the duration of the marriage. An experienced family law attorney can customize a postnuptial agreement for you and your partner — one that meets all legal requirements.

At Davies Wegner Law, we take pride in our creative, caring and thorough preparation when assisting our clients in creating prenuptial and postnuptial agreements. We understand that this can be an emotional process and we will be there for you every step of the way. Call us to set up a consultation to discuss your needs at 310.481.0300.