Do You Need A Prenuptial Agreement?

Prenuptial agreements are contracts that people planning to marry enter into prior to marriage. They achieve many objectives by laying out in detail who will be responsible for what in the marriage. But their impact is most keenly felt in divorce.

California courts often uphold "prenups" that are properly created and executed — but not always. Sometimes judges have set prenuptial agreements for various reasons, such as lack of full disclosure, fraud or other deficiencies in the drafting or execution of the agreement.

Meticulous Madera Prenup Lawyer

At Michael N. Splivalo, Attorney at Law, we see the power and usefulness of prenuptial agreements. Many times, they answer important questions before they fester and become problematic. Properly created, they create a kind of roadmap for the marriage, showing who will be responsible for paying bills (including taxes) and determining the expectations regarding work and income, which property will be regarded as marital and which will be regarded as personal.

But the emphasis must be on "properly created." There must be no element of duress or deception. Both sides should have their own lawyer. The language should be clear and in conformity with California law.

We Also Assist With Postnuptial Agreements

A postnuptial agreement is much like a prenuptial contract, except that it is entered into after a couple has been married. They have similar power and scope, but are subject to the same requirements as prenups. Judges generally honor them when they are done right, and ignore them when there are defects in the writing or execution.

Do you need a prenuptial agreement? For the pros and cons of prenups or postnups, call Fresno prenuptial agreement lawyer Michael Splivalo in Fresno at 866-425-4971.