Pre/Post Nuptial Agreements Attorneys
Pre/Post Nuptial Agreements Lawyers
American culture somewhat discourages people for recognizing marriage for what in large part it actually is - an essentially contractual arrangement with far-reaching consequences for property ownership. When people marry, the California Family Code essentially defines how the married couple will own property from that point on.
If you and your future spouse have reasons to prefer arrangements that better suit your circumstances, a prenuptial agreement is probably right for you. Contact Tucker | Pollard Attorneys at Law to learn how our experience with the negotiation, review, documentation and enforcement of prenuptial agreements can help you.
A prenuptial agreement can vary the rules of community property law.
Just as a last will and testament distributes property according to the intentions of the testator and displaces the state law of intestate succession, a prenuptial agreement lets you write your own rules as to the division of marital property in the event of divorce. You can also stipulate terms as to spousal support or the characterization of certain assets as community or separate property.
A premarital agreement must be based on full and accurate disclosure of each person's assets, and cannot relieve either party of child support obligations. The fairer its terms are, the more likely it is to withstand challenge if a divorce case puts it to the test later on.
Some married couples can benefit from a postnuptial agreement.
An agreement addressing such matters as separate property, inheritance or spousal support can also benefit people who are already married. Your circumstances might have changed a great deal over the years, and you might want to document an agreement to characterize certain assets or obligations in a manner different from that provided by the California Family Code.
A postnuptial agreement can even help couples in a troubled marriage avoid divorce by defining the terms under which the marriage can continue to serve the interests of both, especially in high-asset households where each spouse has a lot to protect.
Our lawyers can advise straight, gay or lesbian couples about prenuptial and postnuptial agreements and help you decide whether this approach to the less romantic aspects of marriage might be right for you.