Prenuptial Agreement
A prenuptial agreement is a contract between two people in contemplation of marriage. A prenuptial agreement typically lists all of the property each person owns (as well as any debts) and specifies what each person’s property rights will be after the marriage, and more specifically, in the event of a divorce. A prenuptial agreement is recommended even if you aren’t rich or own a home. In California, a recent study found that the average cost of a divorce is upwards of $40,000. A prenuptial agreement can prevent future arguments and can save you thousands of dollars in unnecessary litigation and attorney’s fees in the event of a divorce.
While the content of each agreement may vary widely, common issues that will be addressed are whether property acquired during marriage will be community property or separate property, and whether spousal support will be paid in the event of a divorce. Couples also often want a prenuptial agreement to protect the rights of a child from a previous relationship, or to clarify the financial expectations of the parties before they enter into the marriage. Individuals need to know their rights when establishing a prenuptial agreement, especially if there is a large disparity in the parties’ individual financial situations. At the Law Offices of Mary Beth Holloway, we strive to help you create a prenuptial agreement that meets your personal needs and protects your personal assets throughout the life of your upcoming marriage.
The law is ever changing with respect to the validity of certain aspects of prenuptial agreements. The Law Offices of Mary Beth Holloway stays current with all changes in the law to ensure our clients are protected to the fullest extent provided by the law. It is important that your prenuptial agreement (also known as an antenuptial agreement or premarital agreement) falls within the bounds of any new laws or you risk the agreement being deemed null and void by the court.
In addition to handling prenuptial agreements, our firm also represents clients in a wide range of other marital and non-marital agreements, including: Postnuptial agreements, Domestic partnership agreements, and Cohabitation agreements.