Prenuptial and Postnuptial Agreements
Community property law, prevalent throughout the United States, treats marriage as a partnership with the parties having joint management and control over their assets and debts. However, the reality is that often one spouse takes primary control over the assets and debt. Many times the other spouse does not no what is really is going on and assets are wasted and debts incurred. One of the ways to protect your assets is through prenuptial and postnuptial agreements.
California is a community property state meaning that any property acquired during the marriage is generally subjected to equal division should you get divorced. The Law and Mediation Office of Anne B. Howard works with couples throughout the Southern California area to protect their assets by providing well-written prenuptial and postnuptial agreements that will meet the statutes.
A prenuptial agreement, by definition, is a contract between two individuals before marriage. A postnuptial agreement is a contract that the couple enters into after the marriage takes place.
All of these agreements, whether created before marriage or after the marriage takes place, address the same issues for the couple:
• Division of Assets in the Event of a Divorce
• The Handling of Finances and Assets During the Marriage or Partnership
• Spousal Support
• Business Ownership Concerns
Marital agreements require full disclosure of all assets and debts. It is important that each party involved has their own family law attorney through this process. The Law and Mediation Office of Anne B. Howard will look out for your best interests, help protect your rights, and try to ensure the agreement is binding under current law. Marital agreements are often challenged in divorce proceedings. however, court generally like to up-hold them.