PRE AND POST-MARITAL AGREEMENTS

A pre-marital agreement is a contract entered into by couples in contemplation of their marriage. The purpose is to fix marital property rights and financial responsibilities, and to avoid the effects of California’s community property laws. Pre-martial agreements take effect only if the parties actually marry. A post-martial agreement is entered into for much the same reasons as a pre-marital agreement. The former is drafted and signed prior to the marriage, while the latter is drafted and entered into after a couple has married.

Pre-marital and post-marital agreements do not mean that the parties anticipate divorcing one day, nor do they tarnish a marriage. Rather, pre- and post-martial agreements can ensure that in the event of dissolution in the future, the process will be simpler, significantly less costly and less emotionally taxing.

A pre-marital or post-marital agreement must follow very specific statutory requirements in order to remain valid and enforceable in the event that it is later challenged by one of the parties. The attorney’s at Youngman Reitshtein, PLC’s have significant experience with both drafting and reviewing pre-marital and post-martial agreements, ensuring that you are fully and properly informed, and that should the agreement be challenged in the future, it will be found to be valid and enforceable.