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California Premarital Agreement Attorney

Premarital, or prenuptial, agreements are entered into prior to the date of marriage. Generally speaking, and subject to some notable exceptions, parties who intend to marry are free to define their respective property rights however they wish, so long as the agreement itself addresses relevant sections of the California Family and Probate Codes. In the absence of a premarital agreement, marriage and post-dissolution rights and obligations are largely determined by Californian statutory and case law.

Establishing a Californian premarital or prenuptial agreement is at times criticized and at other times applauded. It is viewed as unromantic and showing a lack of trust. However, marriage changes many things. Expensive, complex problems can arise in a dissolution action because parties fail to consider the possibility of divorce before marriage, and fail to take the steps necessary to protect what they owned prior to the marriage. Thoughtful planning and implementation of a premarital agreement can make all the difference.

The law of premarital agreements is very technical and, unless carefully crafted, may not be enforceable. The degree to which a prenuptial agreement serves its intended purpose is directly related to the quality of the document and the circumstances surrounding the signing. A premarital agreement should only be drafted by a qualified family law attorney. This is not a do-it-yourself area of the law.

However, no matter how worded, 'Pre Nups' cannot be used to enforce agreements about child support or custody, nor can you "penalize" your spouse for "fault" (infidelity) in California.

MARITAL AGREEMENTS

Marital Agreements are contracts made between two persons after marriage. A Marital Agreement is a way for couples with an intact marriage to protect separate assets they may have accumulated over the course of the marriage. Many couples who opt for post nuptial agreements have accumulated a considerable amount of wealth or property that they wish to protect over the duration of their marriage.

While having a postnuptial agreement is almost certainly better than having no agreement at all in the event of divorce, they are far more susceptible to being successfully challenged.

If you are already married, but are interested in taking steps to protect your financial future, please contact us to make an appointment.

NON-MARITAL COHABITATION AGREEMENTS

It is also possible for unmarried partners to enter into cohabitation agreements that are similar in many ways to prenuptial agreements. If you are entering into a living arrangement with someone, it may be in your best interest to have a cohabitation agreement, especially if you intend to purchase a home or start a business.

At Chavis Law Firm, we understand how to challenge prenuptial and post nuptial agreements legally, as well as how to defend them against attack. We can assist you, whether it involves a prenuptial agreement declared invalid by the court, repairing a defective prenuptial agreement, or drafting and reviewing a non-marital cohabitation agreement.

Love and finances are a volatile combination. We understand the difficult nature of these agreements and are able to handle them professionally while keeping your relationship intact. Contact us for an immediate appointment.

Folsom Divorce Lawyer
What to bring on your first appointment
Will questionnaire
income/expense declaration
schedule of assets and debts
Notice regarding healthcare responsibilities


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The information on this website is for general information purposes only. Nothing on this website should be taken as legal advice for any individual case. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship or duty of confidentiality.