Get Experienced Legal Guidance On Postnuptial And Premarital Agreements
There comes that moment in a person’s life when they decide to join with another in matrimony. Regardless of how long you’ve been together and whether you currently live separately or under the same roof, the decision you make before saying “I do,” may be as important as the decision you made in deciding to pop the question.
Not every couple needs a premarital or postnuptial agreement, but they are more common and useful than you might think. Even if the likelihood of divorce seems low, you may still want to protect yourself and your assets in case it ever becomes necessary. Common reasons to consider such an agreement include:
- Wanting to set the terms of a potential divorce so that you are not entirely bound by California divorce laws
- Protecting your intellectual property (past, present and future)
- Protecting a closely held business that your spouse will not participate in
- Not wanting to repeat the mistakes and undue costs of a previous divorce
- The expectation that you will be receiving a significant inheritance during the marriage that you’d like to keep separate
- Either spouse-to-be has children from a previous relationship, and you need to ensure that their inheritance rights are not compromised
As you can see, there are plenty of ways the “average” couple can benefit from a premarital or postnuptial agreement.
Are You The Beneficiary Of A Trust Or Estate?
If you have inherited or will inherit a substantial estate from your parents during your marriage, you may want to ensure that no matter what happens, you will be able to keep your inheritance as your separate property. You and your spouse may decide to transmute certain community property assets into separate property or vice versa. Or, you and your spouse discussed a premarital agreement but just did not get around to having the agreement drafted and signed prior to your marriage.
Whatever the situation, a postnuptial agreement can define property rights after your marriage. While the requirements are more strict after marriage, each of your rights and the characterization of property can be defined by way of such an agreement.
I Help You Determine The Best Solution For You
When you contact the Law Offices of Bruce A. Moss, I will explain your rights and obligations under California law, help you determine whether either of these two agreements are right for you and how to best draft them to protect your interests. Call 888-573-0589 to reach my office or fill out this contact form with your information.