Carlsbad Family law and Mediation
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Marital Agreements

PREPARING FOR ALL CONTINGENCIES

When planning to get married, it can often feel discouraging to think about the possibility of the marriage ending. The concept of it taking once piece of paper to get married, and potentially stacks of papers to end it is often overlooked in the pre-wedding elation that couples enjoy.

For high net-worth individuals especially, taking the time to map out contingencies can save couples countless stress and money down the road, if in the unfortunate event that the marriage does not last. In so many ways due to California marital property laws, part of marriage involves a “financial contract,” thus protecting assets prior to marriage becomes a prudent business decision. The reasons a couple may or may not want to consider a Pre-nup are vast, and all positives and negatives must be considered. Whether or not a couple will need this type of agreement depends on each individual situation.

Our offices can help you determine whether or not to pursue a Pre-nup, as well as prepare a legally binding document for you and your future spouse.

A Post-Nuptial Agreement, or post-nup, is a written contract that a couple enters into after they get married. The intent of this agreement is to memorialize separate and community property claims in the event of a divorce. While no couple wants to think of the potential for a break-up, it is a prudent financial decision even the closest of couples may want to consider.

In general, the courts find this type of agreement less than favorable, as they often take the view that married couples owe fiduciary duties to care for one another in all ways. However, if the agreement is properly drafted and maintained, it will hold up in court just as well as a pre-nuptial agreement. Often times during a divorce proceeding, dividing material and monetary assets can drum up painful emotions, and by having such an agreement, can make the division of property less stressful when planned in advance. Our offices are experienced in drafting Post-Nuptial Agreements; we can work with you to determine if you may benefit by entering into a post-nup, and take the careful steps necessary to create a lasting and legally binding document for you and your spouse.

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© 2015. Debra N. Caligiuri All right reserved.