A Fresh Approach to Marital Agreements
Hundreds of years ago, people could not choose their own spouses. Marriage was not a romantic or a personal decision. It was considered a financial and political alliance between families. Contemporary marriage still involves finances, however many marriages occur after a prior marriage, where original children have needs and expectations. Complex family business interests may make the operation of California Community Property Law more difficult than the simple joining of two hearts, two incomes and two futures. Moreover, after a couple has married, circumstances can change radically. If that happens, sometimes re-envisioning their financial relationship makes all the difference by solving immediate financial problems. Without adjusting their financial relationship, those problems might cause the termination of the marriage. In both of these circumstances, the key to negotiating and maintaining a strong financial alliance with your marital partner is in creating a comprehensive prenuptial or postnuptial marital agreement.
Attorney Yasmin C. Spiegel provides a fresh approach to prenuptial and postnuptial agreements. We believe that it is possible to create a mutually beneficial prenuptial agreement while honoring the relationship that brought you together.
Sensitively Crafted Prenuptial Agreements
Our Davis, California, law practice understands that prenups should not be written simply to protect one spouse's financial portfolio. To be successful, we need to understand your goals and write your agreement in a way that honors your emotional commitment as well as your financial alliance. Your prenuptial agreement can allow you to have peace of mind and focus on your relationship instead of finances, while being narrowly crafted to accomplish only those objectives that both of you intend. A prenuptial agreement that alienates the lovers before the marriage takes place can destroy the feelings of trust and affection between the couple. It is therefore vital that the lawyer listens to what the clients actually want the agreement to do, and then not draft beyond those intentions.
When writing your agreement, family law attorney Yasmin C. Spiegel first discusses how you and your children may be affected by various issues. Whether you are considering a first or subsequent marriage, prenuptial agreements can:
- Protect and clarify your children's inheritance.
- Protect complex business interests from unedited community property laws.
- Allocate property between your biological children and your new spouse's children.
Setting Boundaries With Postnuptial Agreements
Many couples find that after years of marriage, they need to clarify their financial boundaries. At this stage in your marriage, you may or may not be contemplating divorce.
A well-written postnuptial agreement could help you accomplish your goals and keep your marriage intact. Our Yolo County firm can help draft a postnuptial agreement that is tailored to your needs. Depending on your unique financial situation, a postnuptial agreement could cover:
- Potential liabilities of one spouse that the other spouse does not want to incur
- Revised property ownership considerations
- Precise definitions of community property
Contact a Lawyer Today
To discuss how you could benefit from a prenuptial or postnuptial agreement, please call us at 530-554-9241, or send us an e-mail.
