Drafting Effective Prenuptial/Postnuptial Agreements

California law recognizes the rights of marital partners to determine how they will treat property rights between themselves. While there are specific laws and rules about how property should be characterized and divided during a California divorce, those rules can be overcome by other evidence.

The best evidence is obviously a written document setting forth your intentions and desires. When such a document is prepared and signed before marriage, it is called a prenuptial agreement. If you sign the document after marriage, it is called a postnuptial agreement. Contrary to what the media would lead one to believe, both of these types of documents are valid in California.

However, great care must be used in drafting prenuptial and postnuptial agreements. This is not an area of law where you should ever consider using a canned document or something you get off the Internet. If your agreement is improperly prepared, the court can void it, which means all of your planning will be for naught. This could have disastrous results. Avoid the consequences by working with an experienced lawyer.

Helping Draft Valid Prenups/Postnups For 30+ Years

Brian Cochran has drafted many prenuptial and postnuptial agreements over his 30-plus years as a family law attorney. None have ever been invalidated by a court.

At our law office, we strive to make sure that your agreement follows the law, including all statutes and court decisions. We want to help you make your intentions clear and concise so they are followed and effective for the length of time you use them.

A properly drafted agreement can save you many thousands of dollars in future litigation, should your marriage come to an end. Call 619-567-5703 or contact us online to discuss your prenup or postnup with Brian Cochran, a Certified Family Law Specialist in La Mesa, California.

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