Understanding Pre-Marital Agreements

Pre-marital agreements also known as pre-nuptial agreements are becoming more and more common. Smart couples are realizing that considering a pre-marital agreement is not a "curse" on their upcoming marital vows, but a practical and realistic step in the pre-marriage process. If you and your betrothed are considering a pre-marital agreement, a Pasadena family law attorney with Makupson & Howard, P.C. can guide you in the process. We have years of experience in helping happy couples get their affairs in order so that there is one less thing to worry about before the big day.

Creating a Pre-Marital Agreement in Pasadena              

In California, pre-marital agreements are governed by California's Uniform Premarital Union Act, Family Code Sections 1610 - 1617. Some of the areas that can be covered in a pre-marital agreement include the following:

• Rights and obligations of each party in any of the property of either or both whenever or wherever the property was acquired or located;
• Rights regarding the buying, selling, transferring, or otherwise managing of property;
• The disposition of property upon separation, marital dissolution, death, or occurrence or non-occurrence of any other event;
• Making of wills, trusts, or other arrangements to carry out the agreements;
• Ownership rights in and disposition of the death benefit from a life insurance policy;
• Choice of law governing the construction of an agreement;
• Any other matter, including personal rights and obligations, which are not in violation of any public policy or statutes imposing criminal penalties.

There are a few warnings to be aware of regarding pre-marital agreements in California. A pre-marital agreement cannot adversely affect the right to child support or any provisions in a pre-marital agreement.  Spousal support will not be paid unless the spouse against whom the enforcement of the spousal support provision is sought was represented by independent counsel at the time that the agreement was signed.

Having a pre-nuptial or pre-marital agreement in place can set you and your future spouse on the right track for a stable future. It can help to secure your financial future and you can rest easier knowing that in the event of any change in your marital situation, you, your spouse and even future children will have arrangements already in place which will make any such transition easier. An experienced lawyer such as one with the Pasadena family law firm of Makupson & Howard, P.C. can assist you and your future spouse in creating a pre-marital agreement that will satisfy both parties.