Prenuptial & Postnuptial Agreements

Understanding Marital Documents

California is a community property state. What that means is that anything acquired during
your marriage is considered fifty percent yours and fifty percent your spouses.

In order to protect your assets, clarify what assets and debts you each entered your marriage
with, maintain your income earned during the marriage as separate property, and make
agreements with regard to spousal support in the event of dissolution you can have an attorney
create one of the following:

• Prenuptial Agreement, or
• Postnuptial Agreement.

Please note that for a prenuptial or postnuptial agreement to be upheld by the court, the parties must abide by certain requirements. Some of these include:

• The agreement must be in writing and each party must sign it,
• The party that is giving up rights they would be entitled to, but for the agreement, must be represented by an attorney to be sure that the party understands their rights (or they must explicitly waive the representation of an attorney), and
• The court may look to any other factors in determining whether the agreement was voluntarily executed.

Are you contemplating a prenuptial or postnuptial agreement in California? We can help.

If you are contemplating creating either a prenuptial agreement or a postnuptial agreement there are many specific requirements that must be followed in order for the agreement to be
upheld. Having counsel that you can count on to create a detailed and proper agreement is imperative.

At Barnholtz & Kugler we will walk you through the process and be sure you are adequately protected. Contact a Valencia divorce lawyer from our firm today.