Marital & Partnership Agreements
Prenuptial and Postnuptial Agreements
REASONS WHY SPOUSES MAY WANT TO ENTER INTO A PARTNERSHIP OR MARITAL AGREEMENT:
You simply would like to avoid high litigation cost if your marriage or partnership did not survive.
If both spouses or partners are financially established and both have an understanding that a marital or partnership agreement would provide protection for both spouses or partners against tedious, time consuming, and expensive complexity of a dissolution.
Any spouse or partner who is involved in an operation of one or several family business.
If one intends to protect your inheritance or separate property from any community property claims in special circumstances when community time, energy, and effort is extended to manage or grow the separate or inherited business or property.
When one or both spouses or partners are high net worth individual(s).
Any individual who is engaged in a complex business partnership or has ownership interest in a corporation who is not interested to get his partners involved in his divorce proceedings.
Any individual who owns a professional practice or business.
Any individual who travels extensively or travels out of State most of the year and cannot afford being involved in lengthy litigation process.
The agreement can establish that State of California has jurisdiction over the agreement and shall enforce terms of your marital agreement or partnership agreement. This will benefit the couples who are or may be moving to other States where their marriage or domestic partnership is not recognized.
QUESTION: WHY DOES ONE NEED A PRENUPTIAL AGREEMENT OR PARTNERSHIP AGREEMENT?
WHY MAY YOU DECIDE TO ENTER INTO A MARITAL AGREEMENT OR POSTNUPTIAL AGREEMENT IF YOU ARE ALREADY MARRIED OR HAVE A DOMESTIC PARTNERSHIP REGISTERED?
ANSWER: CAN YOU IMAGINE BEING INVOLVED IN AN EXPENSIVE FAMILY LAW LITIGATION FOR YEARS?
You are able to avoid the expensive, time consuming, and painful roads of litigation in case of dissolution of your marriage or domestic partnership. You are able to protect yourself from difficult litigations and expensive dispute pitfalls. You are able to have control over the outcome of your case in case your marriage or partnership did not last or for any reason failed. The marital or domestic partnership agreements will help you avoid the unpredictable nature of the litigation when disputes arise and your case is submitted to a judge for a decision.
We usually do not insist on premarital agreements or postmarital agreements for everyone, however, it could benefit you by saving time and money!
The courts recognize and honor prenuptial and postnuptial agreements as how spouses or partners decide over division of their community assets or obligations, separate properties, income, savings, inheritance, retirement plans, investment plans, professional practices, or family business, and even how each spouse or partner retain ownership over their real properties should marital relationship or partnership status ends. These agreements may include provisions that indicate that one spouse shall or shall not receive any interest in the community property or the other spouses’ separate property in case of a dissolution.
REQUIREMENTS FOR VALIDITY OF MARITAL AGREEMENTS:
DISCLOSURE OF PROPERTIES
ADVISEMENT ON WAIVER OF RIGHTS
TIMING, REPRESENTATION, DISCLOSURES, and ADVISEMENTS ON WAIVER OF RIGHTS:
TYPES OF MARITAL AGREEMENTS
Each party should have sufficient time and opportunity to review the marital or domestic partnership agreement, consult an attorney, and make the necessary changes or negotiations.
The prenuptial agreements should not be executed close in time to a pending wedding date or matrimonial celebration as to avoid future basis for arguments of coercion, duress, or unconscionability for purpose of invalidating the agreement.
Marital Settlement Agreements
WHAT CANNOT BE INCLUDED IN A PRENUPTIAL OR POSTNUPTIAL AGREEMENT:
It is against public policy for the prenuptial agreements or postnuptial agreements to contain any provisions regarding child custody, visitation or child support, therefore should not be included in a marital agreement and will not be enforceable by the court.
However, parties may reach some agreements regarding living arrangements and family support in form of spousal support or alimony in case a child was born into the marriage. You can call us for a consultation to assist you with any questions or preparation of agreements that are valid and enforceable.