Concerning Pre-Marital & Post-Marital Agreements

Having a Good Plan

It is a common misconception that by preparing pre or post nuptial agreements, a couple is deciding that their marriage will someday end in divorce.  Few of us, however, take out a life insurance policy because we plan to die at an early age.  Both are just good planning.  When we talk about a pre-marital agreement, it is simply working out with open eyes, what agreements you would like to have going into a marriage.  A post-nuptial agreement is the same idea, just done after the marriage has begun.  In order to be legally binding, these agreements must meet specific requirements.  This is one of the many areas where a knowledgeable Pasadena family law attorney may be of service to you.

Both types of agreements can address important issues to couples, such as:

• What rights and obligations each spouse has regarding property obtained prior to the start of their marriage
• The rights and obligations they have towards property acquired after the marriage has begun
• How property issues will be resolved if there is a separation, dissolution of marriage (divorce) or upon death
• How death benefits from a life insurance policy will be distributed
• The creating of a will, trust or any other arrangement to carry out what you have planned

Family Law Attorney in Pasadena

Per the Family Code, certain legal requirements must be fulfilled in a pre-nuptial agreement in order for it to be legally enforceable.  Included in those requirements are the need for independent counsel (a lawyer) or that one has expressly waived that right in writing.  At The Law Offices of Makupson & Howard we have 30 years of successful practice in family law.  We take pride in understanding the laws on pre-nuptial and post-nuptial agreements and ensuring that these are followed in drafting and filing such documents.

If child support and spousal support issues are of interest to you, it is important that you know what the laws state on these matters and marital agreements.  In your agreements you and your spouse can create any sort of decisions that you feel are important.  They must, however, adhere to the law and the court can set them aside if they were done in an improper manner.  Done correctly, they can set a positive course for your marriage.

If you would like to have legally binding and well-thought out marital agreements, contact a Family Law Attorney in Pasadena .