Prenuptial/Antenuptial Agreements, Domestic Partnerships & Postnuptial Agreements

San Diego Family Contract Law Firm ● Negotiation Lawyers
California Premarital Postmarital Attorneys

Prenuptial Agreements: A prenuptial agreement is a contract between two people about to marry that spells out how assets will be distributed in the event of divorce or death. Among the purposes people have in wanting such written agreements is to try to ensure that their assets remain theirs if the marriage fails, to provide that their assets, or at least a large portion of them, go to their children in the event of death, and to work out arrangements for matters that may become problems after the marriage.

The California legislature requires that an attorney represent each party. It is extremely important that you begin the process of drafting a premarital agreement far in advance of the actual wedding date. Public policy considerations and California state law demand that a prenuptial agreement be completed within a specific time period prior to the marriage. These timing requirements can get tricky; our attorneys will help you navigate through the negotiation process to ensure your premarital agreement is completed correctly and in a timely manner.

Domestic Partnership Agreements: Domestic partners are "two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring." This paragraph is for persons who have registered their domestic partnership with the California Secretary of State or the equivalent in another state (such as a civil union). The importance of such an agreement is paramount to a premarital (antenuptial) agreement for persons who plan to marry traditionally. While domestic partnership agreements are generally thought to be utilized by same-sex couples, different-sex couples who plan to share a residence and/or finances should consider a domestic partnership agreement.

Post-nuptial Agreements: These are agreements drafted after the marriage has taken place, but before either party separates, divorces, leaves, or dies. These contracts contain provisions similar to those commonly found in premarital contracts.

A postnuptial agreement may not be executed in contemplation of legal separation or divorce. Postnuptial agreements may only be implemented to perform two functions, (1) to change (“transmute”) the character of property from separate to community or vice versa or (2) to amend or revoke a premarital agreement. Generally, a postnuptial agreement may not be used to waive or limit the following duties: (1) the right of either spouse to support the other during or in the event of separation, (2) support of the party’s minor child, (3) fidelity and (4) any other agreement which promotes or encourages dissolution of the marriage.

Postnuptial agreements can get very complicated because such an agreement may alter property rights, title and may also trigger significant tax implications. Our attorneys can advise you on the impacts of executing a postnuptial agreement.

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