Premarital marital and cohabitation agreements
Premarital Agreements (also known as Pre-Nuptial Agreements) are written agreements between two people who are about to marry. The premarital agreement defines the terms of community property and/or separate property to the marriage including the ownership of assets and debts, the treatment of future earnings, the control of the separate property of each party, debts, and the potential division of the assets and debts if the marriage is later dissolved.
Marital Agreements are prepared after the parties have already married but before they have separated. On occasions, parties may receive inheritances or may be utilizing their separate property for community property purposes. Parties enter into marital agreements in order to set forth in writing the understanding and agreements of the parties with respect to separate property or even community property interests after the parties have married. These agreements may also act as a preliminary division of community property to be implemented during the marriage but before the parties actually decide to separate or proceed towards divorce.
Both Premarital Agreements and Post-Marital Agreements require that each party provide full disclosure to the other party of all of the community and separate property assets and liabilities which they are aware of or that can be reasonably determined through investigation. Both parties must be represented by independent legal counsel. An agreement wherein one party is represented by counsel and the other is not may be voidable and unenforceable.
Our firm is skilled in preparing these types of agreements. We would be happy to consult with you regarding the preparation of any of these documents.