Pre-Marital and Post-Marital Agreements are established between spouses as a way for each of them to protect their separate property or income rights in the event of a divorce. These agreements can also be used to delineate such considerations as spousal support and how each spouse’s separate property should be treated on the death of either spouse.
Pre-marital agreements allow individuals to take control over their own economic futures rather than letting the default rules control or leaving their futures up to an unpredictable court system.
The law surrounding premarital agreements is complex and constantly evolving. In order to ensure that a premarital agreement will withstand a future challenge, it is critical that the drafting attorney be familiar with the most recent developments in the law and take extreme care in drafting the language of the agreement.
It is important that premarital agreements be negotiated, finalized, and signed as far in advance as possible before the wedding. Anyone who is getting married and considering a premarital agreement should contact a family law attorney at the earliest opportunity.
It sometimes happens that spouses wish to enter into a financial agreement after marriage, which is commonly known as a post-nuptial agreement. Post-nuptial agreements have special requirements, and generally are harder to defend than premarital agreements because married persons owe special fiduciary duties to one another.
Whether you are considering having a premarital agreement prepared or your future spouse has already presented you with one, or it is a post-marital agreement that is being considered after marriage, it is important that you have a qualified family law attorney representing you. At Simpson Law Group, we have experience in drafting, reviewing, and litigating pre-marital and post-marital agreements.
The language used in these agreements is extremely important, and there needs to be no room for interpretation in the event that one is ever challenged. We write our agreements using the most ironclad language as possible. When we are called upon to review an agreement, we point out any terms that could leave you vulnerable in the future. When appropriate, we are fully prepared to help you negotiate new terms.
If you have any questions about pre-marital or post-marital agreements, contact our office located in Glendale, California, to schedule an initial consultation with a lawyer. You can reach us by telephone at (818) 254-8304 for an appointment.