Marital & Partnership Agreements

Prenuptial and Postnuptial Agreements

REASONS WHY SPOUSES MAY WANT TO ENTER INTO A PARTNERSHIP OR MARITAL AGREEMENT:

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You simply would like to avoid high litigation cost if your marriage or partnership did not survive.

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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.

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Any spouse or partner who is involved in an operation of one or several family business.

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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.

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When one or both spouses or partners are high net worth individual(s).

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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.

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Any individual who owns a professional practice or business.

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Any individual who travels extensively or travels out of State most of the year and cannot afford being involved in lengthy litigation process.

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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:

TIMING

We advise our clients to prepare and sign prenuptial agreements not close to the pending wedding date to avoid issues of invalidity under the purview of duress, pressure, or coercion.

REPRESENTATION

It is absolutely essential that each party is represented by their own attorney, receiving adequate legal advice on the State of California family laws and the nature of the agreement or waivers of their rights.

DISCLOSURE OF PROPERTIES

It is absolutely essential that each party is represented by their own attorney receiving adequate legal advice on the State of California family laws and the nature of the agreement or waivers of their rights

ADVISEMENT ON WAIVER OF RIGHTS

As a part of your independent legal representation, it is recommended that your counsel prepare a signed statement that he or she has advised you of your legal rights acknowledging that his or her client understands what rights he or she is waiving under the prenuptial or postnuptial agreement

TIMING, REPRESENTATION, DISCLOSURES, and ADVISEMENTS ON WAIVER OF RIGHTS:

It is absolutely essential that each party is represented by their own attorney receiving adequate legal advice on the State of California family laws and the nature of the agreement or waivers of their rights. Also, the prospective groom and bride or prospective domestic partners should not only be represented by their own separate attorneys, but each side should make full disclosure of their properties before signing the agreement. We advise our clients to prepare and sign prenuptial agreements not close to the pending wedding date to avoid issues of invalidity under the purview of duress, pressure, or coercion.

TYPES OF MARITAL AGREEMENTS

Prenuptial Agreements

There are many types of marital agreements. The agreements entered by the prospective spouses or partners before their anticipated date of marriage or registration of domestic partnership is called a prenuptial agreement.

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.

Postnuptial Agreements

Spouses for domestic partners may enter into any agreements during their marriage or partnership regarding their personal and real properties, retirement plans, businesses, savings, spousal support, income or any type of earnings they have in the duration of their marriage providing an agreement as how they want their properties to be characterized avoiding the community property or separate property laws of State of California. This type of agreements will be characterized as a postnuptial agreement

Marital Settlement Agreements

In the event parties have commenced their divorce proceeding or filed for termination of their domestic partnership, parties may still enter into a marital agreement to avoid a long and expensive litigation, avoiding extensive attorney’s fees, and avoid leaving the final decision to a Judge. This will require both parties to mutually and willingly reach terms of an agreement having sufficient information about the extent and value of each parties’ properties or assets. Marital settlement agreement entered by the parties following filing of a dissolution of marriage or domestic partnership may contain provisions regarding custody, visitation, and child support, and related remaining issues ( However, not allowed in a prenuptial or postnuptial agreement)

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.