Premarital (Prenuptial) Agreements/Marital Agreements

The union of two people in body and spirit can be the most rewarding thing, a person can do in their life. It can feel overwhelming or extremely challenging. It is extremely important that both parties are comfortable with the arrangement before the union is complete. A prenuptial agreement/marital agreement can be used to strengthen the relationship and assure everyone that they will be safe no matter what occurs.

These agreements are often more complicated than people realize, and it is important to have an experienced attorney assist you. At The Law & Mediation Offices of Diane J.N. Morin, we have helped countless clients with premarital (also called prenuptial) (before marriage) and marital agreements (after marriage).

What Is A Prenuptial Agreement?

According to FindLaw, a prenuptial agreement is 'A common legal step taken before marriage. These agreements establish the property and financial rights in case of a divorce.' A prenuptial agreement can strengthen a marriage because it gives both parties insight on the other's points of view and, often, peace of mind.

What Is Covered Under A Prenuptial Agreement?

Prenuptial agreements can protect real estate, death benefits (from life insurance), a will or trust, and other specific assets such as retirement and investment accounts and often individual benefits that were in place before the marriage. They can also set guidelines for future support (also called "alimony"), in the case of divorce.

Conversely, under California law, child related issues such as child custody, visitation and support cannot be permanently determined by a prenuptial agreement and support cannot be affected by a prenuptial agreement.

How Reliable Are These Agreements?

Couples have the ability and right to enter into contracts that fit their desires or needs during marriage or prior to marriage. California courts, as with other states, respect and usually enforce reasonable agreements. A court may not enforce an agreement if it was signed under duress. Both parties must be given all pertinent information, and sign the agreement when they are of sound mind and body.

Premarital (prenuptial) agreements/marital agreements often have positive effects on a marriage. They force both people to disclose marital agreements that they may have withheld under different circumstances. They can provide peace of mind and clarity (regarding what both people intend to happen in the marriage) that can assist you in avoiding divorce.

Learn More About Premarital Agreements/Marital Agreements

Premarital (prenuptial) agreements/marital agreements are often complicated and misunderstood, contact us online or call us at 650-473-0822 to assist in your navigation of this exciting time of your life.