Premarital agreements often make good sense. Either a party has separate family assets, a closely held company, earned wealth, or is wanting to marry with an explicit understanding of their financial agreement. No matter what the motivation, a well-drafted and healthily negotiated prenuptial agreement can elevate both parties to a greater shared story and hopefully one where both enter marriage feeling protected and safe. Often, our clients will find peace of mind after working with us. We draft agreements for our clients with provisions, including, but not limited to:
- characterization of property (community and/or separate)
- treatment of marital earnings and income
- confirmation of premarital assets
- reimbursement rights for expenditures during the marriage
- support (alimony) rights should the parties separate
A premarital agreement serves as a roadmap in the event the parties separate so that they may navigate a dissolution more efficiently and without additional emotional strain. Premarital agreements in California require a full disclosure of each party’s premarital assets and obligations, so our family law clients often find the preparation of these documents to be cathartic because they come into the marriage with a full understanding of each other’s financial position.
Marital agreements (or postnuptial agreements) and co-habitation agreements often serve similar functions as premarital agreements, but they are drafted at different periods in a couple’s relationship. With an understanding that not all relationships conform to traditional notions, we gain a full understanding of our client’s goals, and strive to make the process of drafting these relationship agreements a positive experience with minimal stress. Entering a relationship, partnership, or marriage is exciting, and setting some expectations can greatly strengthen a couple’s bond.