The reality, however, is that a legal structure already exists to adjudicate the division of your assets in the high proportion of marriages that do not last forever.
A well crafted premarital agreement allows you in large part to set those terms yourself, according to a structure that is fair, equitable and agreeable to both parties.
Much like the marriage itself, a prenup is a contract between two people that spells out clearly defined rights and responsibilities.
Prenuptial agreements are often desirable in cases where one or both parties bring significant assets to a marriage. They can also help to uncomplicate matters with regard to provision for children from previous marriages and dependent parents.
Whether you are considering creating a prenuptial agreement or need consultation regarding the implications of entering into a prenup that has already been prepared, there may be a number of provisions that you will want to fully understand and address, including division of assets, division of debt, inheritance, provision for adult children and elderly parents, and future income.
The prenup attorneys at our law firm are deeply experienced and knowledgeable in all aspects of both prenuptial and postnuptial agreements, and dedicated to making sure you are able to enter into an agreement that provides you and your family with financial stability and peace of mind.
PRENUPTIAL AGREEMENTS IN CALIFORNIA
In the state of California, the terms of a premarital (and postmarital) agreement are required to be substantially fair, and the agreement must be executed and entered into fairly – of note is the California “7 day rule”, which attempts to ensure that the party presented with an agreement have adequate time and opportunity to consider the implications of the agreement and to seek legal counsel.
Provisions that will not be considered valid in California include so-called “infidelity clauses” which attempt to penalize a cheating spouse, and any provision that places restrictions on the Court’s jurisdiction over child custody and support.
Our prenuptial agreement lawyers have a breadth of skill and experience to ensure that your prenuptial agreement meets these standards and is enforceable.
Postnups are very much like prenuptial agreements, but are voluntarily entered into after marriage. In some cases, a postnuptial agreement can play a role in an attempt to reconcile an existing marriage, where one party seeks assurances contained in the agreement.
It is vital to seek qualified counsel when crafting a prenuptial or postnuptial agreement, to ensure the validity and enforceability of these agreements in California courts.
In divorce proceedings, the validity of a prenup is often contested – in these cases, our attorneys are uniquely equipped to litigate on your behalf, whether you are seeking to uphold or contest the validity of an agreement.
The prenup & postnup attorneys at the family law firm of Lurkis, Joyce & Del Bove, LLP represent clients in the preparation of premarital agreements and all matters related to prenuptial and postnuptial agreements throughout the greater San Francisco Bay Area.