Pre and Post-Nuptial Agreements Attorney in , California
Pre & Post-Marital Agreements: Why do happily married couples create post-marital agreements?
Pre & Post-Marital Agreements: Why do happily married couples create post-marital agreements?
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Post-marital agreements are not a very common thing. The most common instance where you find a post-marital agreement is when the parties intended to enter into a premarital agreement but simply didn’t get it together by the time they had to get married. There are very strict guidelines in California with regard to the enforceability of premarital agreements based on how they were reached and entered into. If you can’t comply perfectly with the code, it makes more sense to wait and enter into a post-marital agreement. You can still maintain the assets that you’re looking to protect. You can still potentially opt out of certain community property laws. However, it’s slightly different because by the time that you’re married, you now owe your spouse a fiduciary duty and are limited in how you can waive certain rights. So it has to be very thought-out and done very well.
The law is more clear about how the court should treat a premarital agreement versus how a court would treat a post-marital agreement. The same Ts need to be crossed and the same Is need to be dotted in both. However, because post-martial agreements are not as common as premarital agreements, it’s still a bit of a fuzzy practice area. And we caution clients that if they can get on the ball and prepare property to prepare a premarital agreement, that’s still preferable to a post-marital agreement. However, if you come across a deadline and you’re going to be facing violation of certain codes with regard to premarital agreements, that’s when we switch gears and look at post-marital agreements.
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Los Angeles, CA family law attorney Ron Reitshtein talks about the reasons a couple would get a post-nuptial instead of a pre-nuptial agreement. He explains that post-marital agreements are relatively uncommon, and they typically arise when parties intended to enter into a premarital agreement but were unable to do so before getting married. In California, there are strict guidelines for the enforceability of premarital agreements, which must be carefully followed. If you are unable to fully comply with these requirements, it may be more prudent to consider a post-marital agreement instead. With a post-marital agreement, you can still protect certain assets and potentially opt out of specific community property laws. However, it is important to note that once you are married, you owe your spouse a fiduciary duty, and there are limitations on waiving certain rights. Therefore, a post-marital agreement must be well-thought-out and executed properly.
While the law provides clearer guidance on how courts should treat premarital agreements compared to post-marital agreements, both types of agreements require attention to detail. However, due to their relative rarity, post-marital agreements still fall within a somewhat ambiguous practice area. We advise clients that if they have the opportunity to prepare a premarital agreement in a timely manner, that is generally preferable to a post-marital agreement. However, if circumstances arise that would result in noncompliance with premarital agreement requirements, we can shift focus and explore the option of a post-marital agreement.
