Prenuptial and Postnuptial Agreements
Elaine L. Heine drafts, modifies and reviews all types of Marital Agreements and Related Contracts. Many couples choose to be proactive in their financial affairs and determine which assets should be joint and which assets should remain separate.
Protect your financial stability and take control, don’t let the state decide what to do with your assets! Absent a pre/postnuptial agreement, state law will typically control the division of assets and dictate any spousal support obligations in the event of divorce. The agreement allows a couple to decide for themselves what should happen in the event of divorce rather than relying on state law.
Prenuptial Agreements (Before Marriage)
A prenuptial agreement allows you to gain control over your future financial situation and provide you with peace of mind. A prenuptial (or premarital) agreement is "an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage”. A Prenuptial agreement may deal with a wide variety of issues between prospective spouses including: the rights and obligations of each of the parties in any of the property of either or both of them acquired before the marriage; the rights and obligations of each of the parties in any of the property of either or both of them acquired after the marriage; and the disposition of property and payment of spousal support upon separation, divorce, or death. Elaine Heine has drafted hundreds of prenuptial agreements and can advise you on terms that are beneficial to your particular circumstance.
Prenuptial agreements may be particularly relevant in the following situations:
Timing of a Prenuptial Agreement
A prenuptial agreement should be completed as early as six months to a year before a wedding date to ensure that both parties have had time to review it. California law requires that a prospective spouse has not less than seven (7) calendar days between the time that party was first presented with the agreement and advised to seek independent legal counsel, and the time the agreement was signed.
Postnuptial Agreements (During Marriage)
A post-nuptial agreement is a voluntary marriage contract between spouses that is created after their wedding. Many married couples create post-nuptial agreements to help resolve issues in their marriage by removing a source of disagreement over finances, assets, inheritances, children, etc.
Review and Amend Marital Agreements
If your prospective spouse has had an agreement drafted, we can review the agreement and discuss the important controlling parts of it with you - in essence interpret the contract for you and make suggestions accordingly. We can also amend a previously signed agreement if your intentions or other important circumstances have changed. It is recommended that you review your agreement every five years or so and make amendments to reflect changes in your income and asset holdings, or intentions.
Some of the areas in which Heine Law clients have chosen to protect their assets through ownership percentages are:
Protect your financial stability and take control, don’t let the state decide what to do with your assets! Absent a pre/postnuptial agreement, state law will typically control the division of assets and dictate any spousal support obligations in the event of divorce. The agreement allows a couple to decide for themselves what should happen in the event of divorce rather than relying on state law.
Prenuptial Agreements (Before Marriage)
A prenuptial agreement allows you to gain control over your future financial situation and provide you with peace of mind. A prenuptial (or premarital) agreement is "an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage”. A Prenuptial agreement may deal with a wide variety of issues between prospective spouses including: the rights and obligations of each of the parties in any of the property of either or both of them acquired before the marriage; the rights and obligations of each of the parties in any of the property of either or both of them acquired after the marriage; and the disposition of property and payment of spousal support upon separation, divorce, or death. Elaine Heine has drafted hundreds of prenuptial agreements and can advise you on terms that are beneficial to your particular circumstance.
Prenuptial agreements may be particularly relevant in the following situations:
- Marriage between partners with pre-existing assets and debts
- Business
- Second marriage
- Expectation of inheritance
- Spouse to leave the workforce
Timing of a Prenuptial Agreement
A prenuptial agreement should be completed as early as six months to a year before a wedding date to ensure that both parties have had time to review it. California law requires that a prospective spouse has not less than seven (7) calendar days between the time that party was first presented with the agreement and advised to seek independent legal counsel, and the time the agreement was signed.
Postnuptial Agreements (During Marriage)
A post-nuptial agreement is a voluntary marriage contract between spouses that is created after their wedding. Many married couples create post-nuptial agreements to help resolve issues in their marriage by removing a source of disagreement over finances, assets, inheritances, children, etc.
Review and Amend Marital Agreements
If your prospective spouse has had an agreement drafted, we can review the agreement and discuss the important controlling parts of it with you - in essence interpret the contract for you and make suggestions accordingly. We can also amend a previously signed agreement if your intentions or other important circumstances have changed. It is recommended that you review your agreement every five years or so and make amendments to reflect changes in your income and asset holdings, or intentions.
Some of the areas in which Heine Law clients have chosen to protect their assets through ownership percentages are:
- Marital Home & Other Real Estate Investments
- Retirement Accounts and Salary Income
- Small Business Ownership
- Inheritance
- Debts brought into the marriage
Knowledge is power. Elaine L. Heine offers affordable hourly rates and retainers, and payment plans are available. Contact her today to learn more.