Protecting Your Assets in Marriage
You may be concerned that discussing a prenuptial or postnuptial agreement with your fiancé, fiancée or spouse would be stressful and difficult. At the same time, such an agreement may play an important role in protecting your property, preserving your children's inheritance and reassuring business partners.
At Law Office of Melissa D. Cianci, in Roseville, we understand that the decision to pursue or accept a prenuptial or postnuptial agreement is a very personal one. Our knowledgeable family law attorneys will give you skilled advice on your options so you can make an informed decision. Contact us today to schedule a consultation.
Negotiating and Drafting Prenuptial Agreements
When approached correctly, prenuptial agreements — also known as premarital agreements or prenups — can play a positive role in strengthening marriages by allowing spouses to define their marital arrangements on their own terms, rather than accepting the default provisions of California community property law.
Prenuptial agreements are not "arm's length" transactions, but rather occur within close personal relationships and can override general legal rights. Certain procedures are therefore legally required before an agreement will be treated as valid.
Each party must fully disclose any and all information that would be relevant to the other party's decision to enter into the agreement. Each side must be represented by an attorney, and certain formalities must be taken. Also, there must be a certain amount of time between the agreement and the wedding.
All of these provisions are designed to ensure that the prenuptial agreement is truly voluntary on the part of both parties.
Pursuing Valid Postnuptial Agreements
Postnuptial agreements — agreements made during the marriage regarding what will happen if the marriage ends in divorce or there is a separation — are legally recognized in California, but because spouses who are already married have substantial influence over each other, there are again many disclosures and formalities required before an agreement will be treated as valid.
Prenuptial and postnuptial agreements can play an important role in asset protection during a marriage. Contact us to speak to an experienced lawyer about your options.
