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 &
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.