Prenuptial and postnuptial agreements can be written to accomplish a variety of goals.
Agreements of this kind can be used to identify each party's separate property so that they do not become community property at the time of property distribution if a divorce takes place in the future. Another benefit of such agreements is to protect the inheritances of one party's children from a previous relationship or marriage. The primary benefit of creating a pre- or postnuptial agreement is the peace of mind that is obtained from knowing that your assets will be protected even in the event of divorce. As a San Rafael divorce attorney with decades of experience, I can help you create a clear, detailed, and enforceable agreement.
Properly Drafting an Agreement
In the state of California, you will need to take specific steps to ensure that your prenuptial or postnuptial agreement is properly drafted. Your document must meet the following requirements:
Must be entered into by each party's free will and not under coercion
Parties must have adequate time to review the agreement
All items considered to be separate property must be disclosed
If your document does not meet the above requirements, it will likely be considered invalid in court.
I understand that the time leading up to your marriage can be very busy, which means you may want to postpone the drafting of a premarital document. It is beneficial to take the steps earlier rather than later if you believe this document is in your best interest. Discussing financial concerns prior to marriage can be a positive exercise for you as a couple and can establish a solid foundation for how finances will be addressed during your marriage.
My firm can provide you with the personalized attention and immediate action you require to evaluate your needs and create an effective agreement for you and your spouse. Contact TheLaw & Mediation Office of Michael B. Samuels today if you are preparing a pre- or postnuptial agreement.