Premarital and Postmarital Agreements

Premarital and Postmarital Agreements

Premarital or prenuptial agreements can be used to define property rights, expense sharing agreements, and spousal support terms. Without a premarital agreement, California law will control asset division and support orders in any subsequent California divorce. Clients frequently seek premarital agreement if they are entering the marriage with assets they want to protect from potential future community property claims, or when they want to set specific terms for spousal support or alimony in the event of a divorce. Couples marrying later in life may want to have a premarital agreement consistent with their Family Trust or other estate planning directives. Issues of child custody and child support may not be included in a premarital agreement.  

Conversations around finances are difficult for many couples, but it is important to a successful marriage to have these conversations early to avoid future misunderstandings and disagreements. Beth recommends that premarital agreements be developed by the parties jointly, either with a mediator or with attorneys working together in a Collaborative setting. 

A shared approach to developing the agreement makes it more likely an agreement will meet the needs of each party and feel fair and equitable. California premarital agreements are subject to specific statutory requirements, and should not be prepared by parties without attorneys. Couples who are already married may seek a post-marital agreement to cover issues similar to those that would be addressed in a premarital agreement.

Contact an experienced and effective Sacramento, California
mediator to help you resolve your disputes

Call Beth M. Appelsmith at 916-239-2315 or contact us online to schedule an appointment.

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