Pasadena and Woodland Hills Family Law Firm Protects Your Interests with Prenuptial and Postnuptial Agreements
Protect your assets with a comprehensive prenuptial or postnuptial agreement
It’s not the most romantic idea, but for many couples, prenuptial and postnuptial agreements can bring peace of mind and help keep things simple should the relationship come to an end. At the Law Offices of Steven A. Blunt, we believe that marital agreements can resolve disputes and help make relationships stronger.
Prenuptial and postnuptial agreements
In the state of California, prenuptial agreements can only pertain to financial matters and/or spousal support in the event of divorce. You cannot control child support or custody with a marital agreement. You can make agreements about spousal support if both parties have independent counsel — usually an attorney who specializes in family law — before entering into the agreement.
Premarital or prenuptial agreements become effective when you get married. You are allowed to change or revoke your agreement after marriage, or, if you did not have a prenuptial agreement before marriage, you can write an agreement now, called a postnuptial agreement.
What can be included in a marital agreement
Martial agreements can only deal with property and assets, not behavior and consequences, such as penalties for adultery. Prenuptial and postnuptial agreements can help you decide:
Prenuptial and postnuptial agreements cannot contain anything thought to encourage divorce, anything to do with children or custody, or anything illegal or unfair.
When a marital agreement can’t be enforced
Certain circumstances may invalidate a marital agreement. An agreement must be voluntary — if duress or coercion was used to get one party to sign, it will be found invalid. The agreement also cannot unfairly favor one party over the other. There must be full financial disclosure for both parties, and both parties must understand what they signed. Last, there must have been no time pressure to sign.
Obtain help drafting a strong martial agreement to protect your best interests
Whether you are getting married or are already married, a marital agreement provides the ability to decide, in advance, your own fate in the event of a divorce, rather than leaving it to the courts. However, specific complicated procedures must be strictly observed in the process of drafting and signing the agreement to ensure its validity. Typically, shortcomings in the agreement do not show themselves until years after the contract has been entered into, when a divorce occurs. At the Law Offices of Steven A. Blunt, we have more than 35 years of experience in family law, and we can help protect your interests. Call 626-796-0031 or contact us online.