Marital agreements are legally binding contracts that spouses—or prospective spouses—enter into regarding issues related to their marriage. Typically, premarital agreements govern the rights and responsibilities of the parties when it comes to their property interests when their marriage comes to an end, either through divorce or the death of either spouse.
A prenuptial agreement is a contract that becomes legally binding when the parties get married. The provisions of a prenuptial agreement are negotiated and drafted before the parties are married, but do not come into effect until they are wed.
A prenuptial agreement can dictate the rights and obligations of the parties regarding the following matters:
- The division of marital property upon death or divorce
- Inheritance rights for children born between the parties
- Inheritance rights for children of a party from a previous relationship
- The right to spousal support
- Child support obligations
A premarital agreement has the potential of saving a couple countless hours and dollars that would have been spent on litigation expenses by resolving important issues before they arise. Although there are few legal requirements to form a valid prenuptial agreement, enforcing the terms of a prenuptial agreement can be challenging.
To make sure questions of enforcement do not crop up unexpectedly, it is crucial for both parties to retain independent counsel to ensure they both comprehend their rights and responsibilities.
Like its prenuptial counterpart, postnuptial agreements are contracts between spouses in a marriage. However, postnuptial agreements are entered into between married spouses, rather than prospective newlyweds.
In postnuptial agreements, the parties can form a contract that governs the following issues:
- Amendments to a prenuptial agreement
- Transferring one spouse’s separate property to the other spouse
- Transmutations of community property into separate property
- Inheritance rights of the parties and any children
- Dividing assets and liabilities for certain transactions or situations
Hanson, Gorian, Bradford & Hanich Is Prepared to Represent You & Your Family
Do you have legal questions about an issue concerning California family law, such as the benefits of prenuptial and postnuptial agreements? If so, you can count on one of our experienced lawyers at Hanson, Gorian, Bradford & Hanich to provide you with quality legal advice and advocacy. We are dedicated to promoting the legitimate interests of you and your family in cases stemming from California family law, including matters impacted by marital agreements.To get answers about your questions regarding California family law, please call Hanson, Gorian, Bradford & Hanich at (951) 506-6654 or contact our office online today.