Pre- and Post-Nuptial Agreements
Pre-nuptial agreements must meet certain California Family Code requirements in order to be enforceable. It is highly recommended that both parties have attorneys to advise them with respect to the preparation of the terms of the pre-nuptial agreement, making certain the agreement meets all of the formal requirements of the Code. This agreement affects title and ownership to property and is generally utilized by individuals wishing to be certain they have preserved their premarital separate property during the upcoming marriage and will likely address increases in value to the property during the marriage, acquistiitons of property during marriage, pre-existing debts, debts incurred during marriage, as well as spousal support.
Post-nuptial agreements do not require the same formality as a pre-nuptial agreement. Nevertheless, it is highly recommended the parties ishing to enter into an agreement regarding their assets, debts, and other matters do so utilizing the services of attorneys. In this way, the parties can be assured that their wishes and disires will be carried out.