Prenuptial Agreements
Start your marriage off on the right foot by sharing your goals, needs, and expectations... and consider how a prenuptial agreement can give you comfort and peace of mind.
A Good Marriage Starts With Good Communication
This is certainly an exciting time for you and your soon-to-be spouse. It is important to have open communication about your property, debt and other financial issues before entering this life-changing event.
Do either of you have children from a prior relationship that you would like to protect in the future in case anything happens?
Do either of you already have a family trust?
Sharing your goals, needs and expectations with each other is a great way to start a marriage.
California Requirements
In California, each person is required to have independent counsel during the process of creating and signing a prenuptial agreement, also called a premarital agreement.
If you do not create an agreement, then in California, the statutory community property laws decide who is entitled to receive what share of the property, generally a 50/50 division, but with some important exceptions we should discuss in detail.
Transparency Is Key
In a collaborative process for a Prenuptial Agreement, you and your partner work with two experienced attorneys to go over all of the choices and options. The attorneys are part of your team to accomplish your goals. You decide together about how best to share future accumulated wealth.
As you already know, transparency in a marriage is key to success. There are tax implications and estate planning aspects to consider together, so scheduling an appointment to discuss these issues should be done approximately six months or more before your anticipated wedding date.
Is it too late to create an agreement if we’re already married?
Not at all. You and your spouse may still agree regarding how assets and debts would be divided if something unexpected happened in your relationship. This is a post-nuptial agreement.
It is very important to consider this option, especially when one person inherits property from a family trust and the two of you want to have a comprehensive way to be on the same page together about your joint future.