Draft strong and useful pre-marital and post-nuptial agreements with help from our experienced attorneys.
Hopefully, no one enters into a marriage with the expectation that it will fail. However, it is important to protect your assets in the event your relationship does not work out. Working through some of the legal issues in advance using pre-martial or post-nuptial agreements can help make divorce easier if and when it happens.
Pre-Marital vs Post-Nuptial Agreements
Both pre-marital and post-nuptial agreements can be used to clearly outline the expectations and responsibilities that will apply in the event of a divorce. While all kinds of provisions may be included, some of the most common uses of pre-marital and post-nuptial agreements include:
- Excluding certain assets from community property
- Setting pre-determined spousal support or child support
- Assigning responsibility for debts
- Assigning custody for any children
- Preserving the inheritances of children from a prior marriage
The main difference between these two agreements is when they are signed. A pre-marital agreement will be signed before the marriage, while a post-nuptial agreement will be signed during the marriage.
We Know How to Create Strong Agreements
Pre-marital and post-nuptial agreements can be challenged in court, so it is very important to make sure your agreement is as strong as possible. Ideally, each spouse should have their own attorney advising them. Also, there needs to be proof that the agreement has been entered into freely, that each spouse had enough time to review the agreement, and that both spouses have disclosed all their separate property. If these conditions are not met, or if the agreement contains any provisions that are unreasonably unfair, the court may decide the agreement is invalid.
At the Law Office of Michael L. Fell, we are intimately familiar with the requirements for both pre-martial and post-nuptial agreements. We can help you draft the strongest possible agreement that accurately represents your wishes and those of your spouse.
Call Now to Learn More
If you would like more information about pre-martial and post-nuptial agreements, please contact us at (949) 585-9055 and request your free initial consultation with our family law attorney, Michelle L. Tran. After many years of experience in divorce cases, Attorney Tran knows what points typically become most contentious and she can help you shape your agreements accordingly.