Prenups & Postnups
If you are getting married and want to protect premarital assets, you should consider a prenup.
For clients who already have assets or who are expecting to receive significant assets through inheritance, you may wish to have a prenuptial agreement done before you get married.
A prenup protects you, and your future spouse, by outlining the rights and responsibilities each of you will have for assets you bring into the marriage or assets you acquire by gift or inheritance when you are married. By making these decisions before you tie the knot, you can save yourself a lot of pain and uncertainty in the event of a divorce or death.
If you are already married, but want to define your rights and responsibilities as to certain assets, you can create a similar document called a postnup. If you start a business while married, especially if you have business partners, a postnup can also protect the business in the event of conflict.
In order to be strongly enforceable in California, both parties to a prenup or postnup should have their own attorney to represent them and protect their interests. That said, the process does not have to be aggressive or oppositional.
If you are wondering whether you should have a prenup or are interested in putting together a prenup or postnup, or are looking for legal assistance to review a prenup or postnup, please contact my office to schedule a consultation.
