Prenuptial & Postnuptial Agreements Prepared by Manhattan Beach Lawyers
Preparing you for a long and happy marriage
When you’re planning your future with the person you love, you want to do everything you can to avoid future conflict. Preparing a prenuptial agreement before your wedding can give you both piece of mind. The Keller Law Firm regularly drafts prenuptial and postnuptial agreements so you can focus on your lifetime together.
What are prenuptial and postnuptial agreements?
Marital agreements are documents signed by spouses that explain how their marital assets will be handled should they divorce or separate. These agreements are governed by the Uniform Premarital Agreement Act.
- A prenuptial agreement is signed before the marriage.
- A postnuptial agreement is signed any time after the marriage.
An agreement of this kind can resolve any lingering questions about your financial future. The Keller Law Firm is able to help you create a marital agreement that fits both your needs.
What is included in a prenuptial or postnuptial agreement?
A prenuptial or postnuptial agreement can include:
- Designations as to what is to be separate and what is to be community (marital property) should the couple separate or divorce
- How community property will be divided in a divorce or separation
- The amount (if any) of spousal support in a divorce or separation
- Provisions in the spouses’ wills regarding each other and property
- The right to sell, manage and dispose of property
- The ownership of life insurance death benefits
A marital agreement cannot address child custody or child support. The Southern California attorneys at The Keller Law Firm help you understand your rights when it comes to marital agreements.
Are marital agreements always enforceable?
Prenuptial and postnuptial agreements are not enforceable in the following situations:
- The agreement was not entered into voluntarily
- The agreement was unconscionable when it was signed because there was no fair disclosure of finances
An agreement is not considered to be voluntary unless both parties had independent legal counsel (or waived the right to counsel in writing) and had seven days to consider the agreement. An agreement entered into under fraud, duress or undue influence is not considered valid, nor is one where a spouse does not have the legal capacity to enter into the agreement. Our attorneys understand all the requirements under California law and prepare agreements that fully cover all of your intentions.
Make an appointment at either of our convenient offices to discuss your marital agreement
Our office is located just a few blocks away from Manhattan Beach, with a second office in Valencia. Contact us 310-545-1897 to make an appointment or use our online contact form.
