Premarital/Prenuptial Agreements

Thinking about getting married?   Time to seriously consider a premarital, prenuptial agreement or a prenup. 

Couples wanting to enter into marriage have the option of entering into a premarital or prenuptial agreement. 

A prenuptial agreement gives couples the opportunity, after being educated on general community property concepts, to do something entirely different when it comes to their marriage. One does not necessarily have to stick with the California “default rules” that apply to everyone else if you have a valid and enforceable premarital agreement. 

A carefully drafted prenuptial agreement can help you and your spouse do the following:

–   Limit, eliminate or modify the ability to obtain spousal support or alimony

–   Protect your seperate property

–   Protect your potential inheritance 

–   Protect your family’s business

–   Protect your retirement or pension

–   Help set expectations for payment of family expenses 

One can a lot to alter the ability to create community property during their marriage, be designed to protect one parties’ separate property, be tailored to protect a potential separate property inheritance, reduce or eliminate the ability of one party to receive spousal support, or affect one the parties’ rights at divorce in many other creative ways. 

Premarital agreements are tricky and there are formal rules. However, a carefully drafted premarital agreement can give the parties the opportunity to enter marriage on their own terms.