Experienced Attorneys Draft Enforceable Marital Agreements
Marital agreements – such as prenuptial, post-marital and cohabitation agreements – help couples manage financial issues. These agreements can create a framework for resolving financial and property matters in a divorce.
At Silicon Valley Law Offices (SVLO), we are experienced with both family law issues and estate plans. This insight helps us develop and draft enforceable agreements. We strive to make the process easy and ensure your final agreement meets your needs.
Contact us today at 650-546-7595 or via email to set up a consultation. Our main office is in Mountain View, and we also have an appointment-only location in Los Gatos. We serve Silicon Valley and the Bay Area.
Prenuptial Agreements
Premarital agreements, also known as prenups, are contracts entered into before marriage. They might not seem romantic, but they offer security for your assets in the event of divorce.
At SVLO, we view premarital agreements as a gesture of love, in that putting an agreement in place prior to marriage helps prevent arguments over finances during marriage, which is the leading cause of divorce. By drafting a premarital agreement, we help you and your partner discuss finances before marriage. This plan can avoid conflicts later, making it a tool to help keep you together.
Factors influencing a premarital agreement include:
- Unique situations of the parties involved
- Compliance with California law and the Uniform Premarital Agreement Act (UPAA)
We tailor each agreement to protect both parties and provide for your future together.
Despite misconceptions, asking for a prenup does not indicate a lack of trust. It’s wise for every couple to consider drafting one with the help of legal counsel. Valid prenups require each partner to disclose their assets and debts. This formal documentation could protect your assets if one of you dies before the other.
Not all relationships end in divorce. Discussing expectations through a prenup benefits all relationships before marriage.
Timing Of Prenuptial Agreements
Under California law, a seven-day waiting period is required from the last change to the agreement to when it is signed. This allows time for each partner to retain counsel and consider the terms.
Additional Considerations
Before signing the agreement, parties must sign a waiver of further disclosures. This shows satisfaction with the disclosures made.
Hiring competent counsel to draft the agreement ensures the terms best suit your needs. It also closes loopholes that could make a prenup invalid. Call us today to schedule a complimentary initial consultation at 650-546-7595 or email us to set up your appointment.
Post-Marital Agreements
Post-marital agreements, also known as postnuptial agreements, outline the division of assets after marriage. These agreements are entered into after the couple is already married.
If you have concerns about your or your spouse’s assets, consult our attorneys. We can guide you through drafting an agreement to address your concerns.
Postnuptial agreements can also:
- Determine if premarital assets should become shared property
- Provide for family or children from previous marriages in the event of divorce or separation
These agreements help both parties feel secure in their marriage and finances. Understanding how assets will be divided provides peace of mind.
Cohabitation Agreements
Cohabitation agreements are binding contracts between long-term, unmarried partners. Since California does not recognize common-law marriage, these agreements protect both partners’ assets and rights.
Even if you plan to marry your partner, a cohabitation agreement is useful. It can serve as a prelude to marriage or provide protection until you marry.
Without marriage plans, cohabitation agreements help:
- Determine each partner’s assets
- Decide the degree of rights to assets in the event of separation or death
- Manage shared property, vehicles, business ventures or children
These agreements are varied and depend on your needs as a couple. Unlike pre- and postnuptial agreements, they act more like other contracts and can be adjusted as your circumstances change.
Contact Us Now to Set Up A Consultation
At SVLO, our team has the knowledge and experience to guide you through creating a valid agreement that meets your needs. Contact us by email or call 650-546-7595 to set up an appointment.