Understanding The Value Of Prenuptial And Post-Nuptial Agreements

While some people might tend to see the suggestion of a prenuptial and post-nuptial agreement as a negative thing, having one in place can be quite beneficial for both spouses. These agreements allow each spouse to protect his or her separate property rights in writing. Many couples also use them to specify spousal support, child support and other considerations in the event that the relationship should end in divorce.

Prenuptial and post-nuptial agreements can be especially helpful in relationships where one of the spouses has substantial separate property holdings or has children from a previous marriage for whom certain assets should be preserved. These agreements can deal with complex assets and often require delicate negotiation. Having the right lawyer can help to ensure that your interests are protected. At Contreras Law Firm, we represent clients in a variety of these cases.

Prenuptial Agreements

Prenuptial agreements may not be the most romantic gesture, but serve an important role in marriage. These agreements allow you to protect your assets prior to marriage in case of either future divorce or an untimely death. In the case of children from prior marriages, you want to make sure they are protected in case anything happens to you or your spouse in the future. A prenuptial agreement can pose as another estate planning document to guarantee your children receive assets in the case of your death. Situations may occur in which your spouse's family try to hold claim over your estate if you do not have proper estate planning documents in place.

Post-Nuptial Agreements

While you hear more about prenuptial agreements, post nuptial agreements are also a way to protect your financial interests after a wedding has occurred. Post nuptial agreements work the same way as prenuptial agreements but give you additional time to make all arrangements and decisions regarding your finances.

Contract Inclusions

Prenuptial and post-nuptial agreements address the following types of issues:

  • Partnership interests
  • Business assets
  • Children from a prior marriage
  • Real property
  • Stocks, bonds and retirement funds
  • Inheritance
  • Elderly parents
  • Debt
  • Potential increase in income due to ongoing degrees

These issues are all important to consider when entering a marriage, and drafting these agreements can ensure that your assets are well protected from any unfortunate future event. We also review prenuptial and post-nuptial agreements and advise our clients of any terms that could leave them vulnerable in the future. When appropriate, we work to negotiate more clear terms. If there was anything improper about the drafting or execution of your agreement, we are fully prepared to litigate the matter in court.

Contreras Law Firm | San Diego, California, Family Law Firm

You do not want to put yourself or your family in a position where your separate property gets liquidated or split upon a future divorce or death. The attorneys at Contreras Law Firm have years of experience in negotiating, drafting, reviewing and litigating prenuptial and post-nuptial agreements. We work to ensure that you are protected under California law.

Contact our San Diego office today for your initial free consultation.

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