Prenuptial and Postnuptial Agreements

Prenuptial agreements are agreements entered into before marriage whereby the parties state and affirm their intentions, after full disclosure, relating to the division of property and spousal support (alimony) obligations with respect to each party in the event of a divorce. Postnuptial agreements are similar to prenuptial agreements, except they are entered into after the marriage.

Although elements of our society view prenuptial agreements in a negative light, they can provide a positive and beneficial sense of security to both parties and eliminate uncertainty. In many instances, they can help rather than hamper a marriage.

For instance, issues regarding property division, asset and debt distribution and support obligations can add stress to a marriage because the parties lack the certainty and security they need to understand how those issues can impact their lives. Yet, a prenuptial agreement helps both parties to know their rights ahead of time in the unfortunate event that the marriage does not work. Such agreements thus help avoid anxiety during temporary marital spats that every couple experiences.

A prenuptial agreement can also be a great tool for protecting an individual who has significantly more property or assets than the other spouse. Life is uncertain, but that does not mean that you should accept complete uncertainty about your financial life if a marriage does not last. A prenuptial agreement can help protect you if that marriage does not last forever. For many individuals, this is extremely important if they have children from a previous marriage.

California law has very strict requirements concerning the enforceability of these types of agreements. They require that attorneys draft and advise clients in regards to how the agreement impacts their rights. As such, it is very important that you hire the right attorney to draft your prenuptial or postnuptial agreement.

Mr. Geraldi has been drafting such agreements for years. He works cooperatively and constructively to protect his clients’ interest while at the same time delicately handling the feelings that naturally surround such agreements. If you are interested in having such an agreement prepared you can contact Daniel Geraldi at (925) 364-4741.