California Premarital and Postmarital Agreements Protect Assets
Menlo Park lawyers draft and enforce premarital and postmarital agreements
Law Offices of Clifford Ross Chernick works with couples who wish to establish the terms of a financial settlement agreement, either before or after they are married — in the event that they later decide to divorce or disputes arise during the marriage. Working out a premarital agreement before marriage or a postmarital agreement after the marriage can be an effective solution.
Negotiating the terms of a potential settlement in advance, especially if your joint and separate assets are complex and/or substantial, allows you and your significant other or spouse to decide for yourselves how you wish your assets and debts to be divided.
Even though you are working on your agreement as a couple, it is important that each of you has his or her own family law attorney to represent you and your interests, to protect your rights, and to make sure that the agreement is drafted correctly. Premarital and postmarital agreements are legal contracts that are enforceable by law and can prove challenging to contest later.
Terms of a premarital (prenuptial) agreement
A premarital agreement can address specific matters, including the following:
- Who gets what assets in the event that you decide to end your marriage
- How finances and assets will be handled during the marriage
- Spousal support
- Business ownership issues
- What to do with your estate in the event that one of you dies
- The handling of gifts and inheritances
- Insurance coverage
A comprehensive premarital agreement can help avoid disagreement or conflict later on.
Terms of a postmarital (post-nuptial) agreement
Married couples who have decided to create postmarital agreements are considered fiduciaries of each other and are required by law to provide each other with full disclosure of all information and issues pertaining to the drafting of the postmarital agreement. The terms that can be settled by a postmarital agreement are similar to the ones included in a premarital agreement.
Challenging and enforcing premarital and postmarital agreements
In the event that you have signed a premarital or a postmarital agreement that you now wish to challenge because your spouse did not disclose all of his or her assets or debts, you were unfairly pressured into signing the agreement, or you were deceived into signing the contract, we will help you challenge the terms of a defective agreement and, if necessary, litigate your matter in court.
We also represent clients who wish to enforce the terms of their premarital or postmarital agreement that current or former spouse may wish to contest.