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Pre & Post Marital Agreements

Are you about to get married and want to make sure your assets are protected? Has your soon-to-be-spouse unexpectedly asked you for a prenuptial agreement and you don’t know where to start? Did you start a business during your marriage and now want to make sure your assets are protected? Are you getting married and want to establish clarity regarding the management and sharing of responsibilities?

If any of these apply to you, we can provide the help you need.

Although there previously was a stigma associated with obtaining a pre or post martial agreement, these agreements are becoming more commonplace in marriages. Not only that, many pre/post marital agreements are often seen as collaborative and cooperative efforts between spouses in setting clearly defined rights and sharing of duties going forward. It’s imperative for a marriage to have healthy communication between partners and entering into a marital agreement can promote this for a lasting marriage. 

Without these agreements, California Family Code will determine the rights you both have in your marriage, not only in the case of a divorce but even your rights during your marriage. Why put the risk that California Family Code may change during your marriage? Take the expectations of your marriage out of the hands of our state senators and congressmen and put it in the hands of you and your spouse.

Prenuptial Agreement

A prenuptial agreement, also known as a “pre-nup”, is a marital agreement made prior to getting married. Some of the factors pre-nups address are designating separate and community property, allocating spousal support, determining funds accumulated before the marriage, and establishing your financial rights and responsibilities. Although it may feel early to begin addressing these issues, making these decisions in advance can save you heated arguments and a great deal of money when trying to divide your assets down the line.

Additionally, waiting until the last minute to go through the pre-nup process may make your pre-nup unenforceable. Don’t wait, these agreements take time to make correctly and enforceable.

Whether you’re the spouse requesting a pre-nup, or the spouse being asked to sign a pre-nup, let our experience in drafting, negotiating, and litigating prenuptial agreements aid you during this process.

Postnuptial Agreement

A postnuptial agreement is made after getting married. Many couples may have overlooked entering into a premarital agreement but still want to clearly divide their assets. Other couples may want to enter into a postnuptial agreement because they recently acquired a business or want to protect one spouse’s assets from the other’s debts. Postnuptial agreements can allow you to make decisions during your marriage that can promote open communication between you and your partner.

Postnuptial agreements are more difficult to enforce due to the increased fiduciary duty responsibilities spouses have after they become married. Nonetheless, please reach out to Desai Camino for all of your post-nuptial questions.

It is important to remember that obtaining a pre- or post-marital agreement does not mean you’re promoting divorce. In fact, these agreements can help set a solid foundation for a marriage and address key issues that may have otherwise led to disastrous disagreements down the line. At Desai Camino, we will work tirelessly to ensure that your assets and interests are protected while also understanding the importance of the relationship you have with your partner.

Throughout a marriage you will inevitably come across unexpected and stressful situations. Having a written agreement can serve as a roadmap to guide you through these obstacles with ease. There is no “one size fits all” prenuptial agreement; with our firm’s years of experience and through evaluation of your finances and assets, as well as your current relationship, we can guide you with suggestions and advice to develop a personalized strategy for you. We want you to focus on your relationship while letting us do what we do best to protect you.

Let us help you draft an agreement that not only protects you in case of a divorce, but also helps both of you remain happily married with clearly defined roles, rights, and expectations during the marriage.

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