In all the positive emotions leading up to Marriage or a Domestic Partnership, the notion of a Prenuptial Agreement can be an incredibly delicate topic to broach. However, a Prenuptial Agreement is a smart, practical move intended to provide a road map to divorce in the event the marriage does not last. If you’ve reached this page in search of answers for your prenuptial or postnuptial agreement, contact our office today to schedule a consultation with our bay area family law attorney.
In a world where planning for the worst in highly encouraged, entering into a Prenuptial Agreement in a prudent move. At our law firm, we recognize that creating a Prenuptial Agreement can be a difficult and emotional experience for people getting ready for marriage. When negotiating a Prenuptial Agreement, you are trying to balance the creation of a meaningful and long lasting intimate relationship while at the same time contemplating how assets and liabilities will be divided in case of divorce.
We also understand that oftentimes if you wait until later, you and your partner may be too estranged, and angry, to rationally undertake the task of negotiating a resolution of your differences after the marriage fails. Therefore, identifying the property brought into the marriage/domestic partnership, how income and assets acquired during the marriage/domestic partnership will be characterized, and who has the legal right to control separate property allows you certainty as you embark on your journey.
A prenuptial Agreement protects each spouses’ financial assets and property in the event of a legal separation or Divorce. Prenuptial Agreements assure that the division of property is predetermined in order to avoid ligation between the spouses’.
It is critical, as you begin working with us as on such an Agreement, to know that:
- Both parties must be represented by independent legal counsel
- There must be full disclosure of all of the income, assets and liabilities of each party to the agreement. Remember that the prenuptial agreement includes provisions for the division of debts, assets (real property and personal property), life insurance, spousal support and many other financial issues on which we must devote keen attention
- The agreement is fair and does not leave either party without the means for support in the event of a divorce. The agreement must be free of duress, undue influence, or any type of threat whatsoever
- Our practice is to ensure that once we have negotiated the final draft of the agreement, that the parties wait an additional seven days before signing the agreement. This cooling off period gives both parties time to reflect before signing a contract
Meeting with lawyers and negotiating a premarital agreement is an intensely personal decision on your part; however, in our more than 35 years of experience practicing family law exclusively, we know of no couple who has regretted having had their premarital agreement carefully and thoughtfully prepared.
We strongly recommend that our clients give serious consideration to determining the division of income, assets and debts before emotions become provoked and inflamed once the dissolution of the relationship becomes a reality. An improperly drafted Agreement often leads to even more litigation in the future and therefore we strongly recommend that clients’ hire our Firm as we have the experience and compassion to ensure that the Premarital Agreement is through, accurate and most importantly stand the test of time and be deemed legally binding should a party challenge its enforceability at a later date.
At our law firm our team has a wealth of experience in competently and thorough addressing complex financial issues including business and corporate interests, pensions and retirement plans, stock portfolios and real property. We offer knowledgeable and thorough advice to clients who wish to negotiate a Premarital Agreement. Our expertise in complex financial matters ensures that we will diligently verify both parties’ assets and debts and draft agreements that best protect our clients’ rights and interests.