PRENUPTIAL AGREEMENT

Under the Uniform Premarital Agreement Act a prenuptial (or premarital) agreement is “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” Under the act, marital issues which may arise in respect to real property, the parties’ business, income, pension plans maybe allocated prior to the marriage in order to trump distribution under California law.

With California having a whopping 75% divorce rate a prenuptial agreement may be wise if the parties have assets they wish to preserve.  A prenuptial agreement determines how community property and separate property are distributed prior to marriage in order to preserve the parties’ interest in the asset.

It is best to contact an attorney prior to signing a prenuptial agreement for many reasons.  For one, independent counsel is necessary as each party must be advised as to their rights to which they are entitled and are foregoing.  Also, you would want someone to review the agreement and be on your side to ensure that you understand all the terms and conditions.  A marriage is, amongst other things, a significant business transaction and legal counsel should assist you in the prenuptial agreement.   The Atighechi Law Group provides a flat fee for preparing or reviewing a postnuptial agreement.

POSTNUPTIAL AGREEMENT

A Postnuptial agreement is similar to a premarital agreement with one distinction which is the time the parties entered into the agreement.  The parties enter into a post nuptial agreement after they have married.  A postnuptial agreement places issues which may arise in a divorce proceeding with respect to real property, the parties’ business, income, pension plans in an agreement to trump distribution under California law. It is best to contact an attorney prior to signing a postnuptial agreement for many reasons.

For one, independent counsel is necessary as each party must be advised as to their rights to which they are entitled to and are foregoing.  Also, you would want someone to review the agreement and be on your side to ensure that you understand all the terms and conditions.  A marriage is, amongst other things, a significant business transaction and legal counsel should assist you with the postnuptial agreement.   The Atighechi Law Group provides a flat fee for preparing a postnuptial agreement and reviewing one as well.