Prenuptial & Postnuptial Agreements
Berkeley Attorney for Prenuptial Agreements
For some people, the provisions of the Family Code which determine how property and other rights will be treated at divorce are not acceptable. If one or both parties bring significant assets to the marriage, or the marriage is later in life, a prenuptial agreement may be the best way to proceed.
Prenuptial agreements are often litigated. The mere signing of an agreement prior to marriage is often not sufficient to make a valid and enforceable prenuptial agreement. The Family Code provides specific requirements for valid and enforceable prenuptial agreements.
One of these requirements is that both parties have sufficient time to consider the agreement. If you are contemplating marriage and a prenuptial agreement, you should contact an attorney as soon as possible to avoid postponement of your wedding. Ideally, you should contact an attorney at least 5-6 months before the anticipated wedding so that the negotiation and drafting of the prenuptial agreement can be completed, and the agreement signed, at least one month prior to the wedding.
Sometimes, the desired objectives can be realized without the drafting and signing of a prenuptial agreement. Please contact me to discuss your particular situation.