Pre/Post Nuptial Agreements


The last thing you want to think about while planning your wedding, is ending it. But United States divorce statistics cannot be ignored ­ almost half of all marriages end in divorce. By obtaining a prenuptial agreement, you can protect yourself, your assets and your children/family. You can also save yourself the monumental stress of divorce litigations, if and when the marriage does come to an end. By having a prenuptial agreement in place, the fate of all assets, support payments and even child visitation is already set in place.

Prenuptial agreements can cover a wide variety of issues such as:

  • The rights of each party regarding any property acquired before the marriage
  • The rights of each party regarding any property acquired after the marriage
  • The disposition of property upon legal separation, divorce or death
  • The making of a will, trust or other arrangement to carry out the provisions of the agreement
  • The ownership rights regarding a death benefit from a life insurance policy
  • The fate of guardianship for any children in the event of legal separation, divorce or death
  • Any other matter, including personal rights and obligations, as long as they are not in violation of any public policy or impose a criminal penalty

A properly drafted prenuptial agreement provides both spouses with a measure of certainty as to how their property and debts will be divided in the case of a divorce. This can save both parties extensive legal fees that are involved with divorce litigations.

California prenuptial agreement lawyer Eliana Phelps has extensive knowledge in drafting prenuptial agreements. Call today with your questions and to see she can help you.

Postnuptial Agreements:

A postnuptial agreement is similar to a prenuptial agreement except it is drafted after the wedding and when both parties are legally married. Post nuptial agreements are used to help resolve issues within the marriage such as:

  • Disagreements over finances
  • Disagreements over assets
  • Disagreements regarding children
  • Disagreements or allocation of chores

Postnuptial agreements can also be used to control post-marital behaviors such as:

  • Over spending
  • Adultery
  • Leisure time activities
  • Work related issues
  • Intimate related issues

Other reasons couples choose to draft postnuptial agreements are due to a drastic change in financial status after the wedding. This can occur if either spouse receives an inheritance, experiences a change in career, experiences a change in investment income, sells a business, etc. By drafting a postnuptial agreement, either spouse can ensure the safety of his/her new fortune both during the marriage, and after if necessary.

If you are interested in drafting a postnuptial agreement (aka a marriage agreement) please call California Postnuptial Agreement lawyer Eliana Phelps for a consultation.

Eliana Phelps