Orange County Prenuptial/Antenuptial Agreements, Domestic Partnerships & Postnuptial Agreements

Orange County Family Contract Law Firm – Negotiation Lawyers California Premarital & Postmarital Attorneys

Prenuptial Agreements: A prenuptial agreement is a contract between two people about to marry directing how income will be treated and assets will be distributed in the event of divorce or death. Premarital Agreements are drafted to ensure their assets remain their separate property if the marriage fails, to ensure some, if not all, of their assets go to their children in the event of death, and to address financial issues before marriage that may cause confusion once married.

The California legislature requires that a separate and independent 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 require a prenuptial agreement be completed within a specific time period prior to the wedding. These timing requirements can be tricky.  Our attorneys will help you navigate through the negotiation process to ensure your premarital agreement is completed correctly, on time and in a professional and respectful manner.

In addition, many attorneys not familiar with the drafting and execution of premarital and post-marital agreements are often unaware that there are additional tangential documents necessary to effectuate the terms of the Agreement, which may include certain waivers and memorandums.  Our attorneys are experienced concerning these additional but necessary documents.

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: Also known as post-marital agreement, these agreements drafted after the marriage has taken place, but before either party separates, divorces, leaves, or dies. These contracts contain provisions similar, but not identical, 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 or children, (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 Orange County family lawyers can advise you on the impacts of executing a postnuptial agreement.