Prenuptial and Postnuptial Agreements
Prenuptial and postnuptial agreements are a prudent and legitimate way to protect your individual assets either before or after the marriage is entered into. If properly drafted, the agreement will generally hold up in court and significantly reduce litigation in the event of a divorce.
Pre and postnuptial agreements declare how property will be divided if the marriage is dissolved. Primarily, the agreement identifies separate assets for the protection of the person who brings substantial wealth to the marriage when the other does not. It can also cover accumulation of wealth during marriage that otherwise would be divided equally upon divorce under California law. No personal assets are off limits, but there is extensive documentation required to protect certain assets, such as retirement investments which are subject to ERISA regulation.
Pre and postnuptial agreements are effective in many respects, including:
- Waiver (or specification) of spousal support;
- Streamlining division of the marital estate;
- Preserving inheritance for children from a first marriage;
- Protecting a home you own, a business you built from the ground up, deferred compensation, or a parcel of land.
Care must be taken, however, in properly drafting the agreement. In this regard, it is essential to draw upon the knowledge and experience of a qualified family law attorney. At the Christy & Keith Family Law Group, our practice is honest, ethical, and based on experience, trust, and professionalism.