Pre-Marital and Marital Agreement
Pre-Marital or Pre-Nuptial Agreements are becoming increasingly common. These agreements are implemented prior to marriage and they must follow very specific protocols in order for them to be considered valid under the family code.
The main benefit of a Premarital Agreement is that it memorializes the financial circumstances and wishes of the parties prior to the marriage so that, in the event of a divorce, there is no question as to what each party owned at the outset of the relationship. The Agreement often addresses whether or not community property laws will be observed during the marriage. This can prevent extensive litigation and help preserve assets in the event of a dissolution.
Pre-marital agreements are often executed by couples who, for example, are entering a second marriage and want to memorialize their current assets; by parties who are beneficiaries of trust funds or those who have received large inheritances; or by individuals of high net worth or business owners who want to ensure their separate assets are documented as compared to marital assets.
Whether our firm is drafting the premarital agreement or reviewing one that was drafted by another attorney, we provide our clients with a thorough understanding of California law and the areas in which the premarital agreement differs from the law.
Marital or Post-Nuptial Agreements are similar in some respects to Pre-Marital agreements but they are drafted and executed during the marriage as opposed to prior to the marriage. These documents also require very specific formalities and protocols in order to be considered valid.
Should your circumstances require the drafting or review of a Pre-Marital or Marital Agreement, Setzer Family Law is happy to assist you in your understanding of these important documents. We have the expertise and experience to advise you as to a course of action based on your particular circumstances, so call for a consultation today.