What is a premarital agreement?
Premarital agreements are often referred to as prenuptial agreements, antenuptial agreements, or “prenups” for short.
A prenup allows parties contemplating marriage to define their respective property rights toward one another. A premarital agreement (prenup) can serve to define the separate property estates of both a husband and wife and define who will receive what assets in the event of a divorce.
A premarital agreement (prenup) can define what each spouse will get at the death of the other spouse by dealing with inheritance and estate planning issues.
A legally valid premarital agreement (prenup) can also define how much, if any, spousal support a spouse would be entitled to in the event of a divorce.
Requirements for a valid premarital agreement
A pre-marital agreement must be in writing and signed by both spouses prior to marriage. It becomes effective upon marriage.
When premarital agreements are challenged, the family law court wants to make sure that both spouses understood how the premarital agreement would affect their rights. Both parties should have entered the premarital agreement with a full knowledge of facts that could have affected their decision to agree to the terms of the prenup. The court will also want to confirm that neither party was rushed into signing the agreement.
In order to insure that a premarital agreement will be binding on the spouses if it is ever tested in family law court, both spouses must either disclose their assets, liabilities and income or else knowingly waive their right to that information.
Each party should be represented by his or her own independent attorney. The terms of the premarital agreement should be fair to both spouses in view of each spouse’s financial situation and the ability of each spouse to support themselves independently without the help of the other spouse.
What a premarital agreement cannot do
A premarital agreement (prenup) cannot determine any issues with regard to child support or child custody.
A prenup cannot alter the legal requirement that spouses support one another with the necessities of life.
How a premarital agreement can benefit you and your spouse
A fair and legally valid premarital agreement can do more for a couple than simply define their property rights. A well crafted, balanced prenup can provide peace of mind for the couple and their families by addressing financial and personal issues that otherwise could create division and rancor.
A premarital agreement can minimize the risk that one spouse’s assets will be liable for another spouse’s debts. A premarital agreement can also provide some assurance that the children of a spouse from a prior marriage will not be disinherited as a result of a new marriage.
| Proper estate planning can keep your estate out of probate, saving time, money and headaches for your loved ones. To learn more about estate planning, click here to read our California estate planning FAQ. |
| Estate planning and probate are easier to understand when you learn the terminology. Learn more by clicking here for our glossary. |
Transmutation agreements
A transmutation agreement is a contract entered into between spouses after marriage which defines their respective community and separate property estates. Under the right circumstances, a transmutation agreement can be a highly effective way to protect assets of one spouse from the potential creditors of another spouse.
| Zev had done such a wonderful job updating our family trust that we of course went to him for the drafting of a prenuptial agreement. He was on-time, thorough, complete and professional in his approach to this important document and prepared something that appropriately protected our interests while providing for the future spouse in life (in the event of divorce) and after death, as both are totally different circumstances. I recommend Zev highly to anyone who has the need for either prenuptials or estate planning — as they both really go hand in hand.– J.G., Orange County |
How The Honest Lawyer can help you
Zev assists his clients with the drafting and/or review of premarital agreements for a fixed fee. Because of his extensive knowledge of estate planning, he can also assist his clients with amending or creating other documents that accompany premarital agreements such as a will, trust, and powers of attorney that are consistent with the terms of the prenuptial agreement.
Zev also recognizes that both spouses need to be protected in a premarital agreement. This approach to drafting prenuptial agreements not only makes the prenuptial agreements less susceptible to court challenges, but also makes the sensitive process of drafting and negotiating a premarital agreement less uncomfortable for everyone involved.
| Premarital agreements are helpful, but also require fairness and sensitivity to the needs of all concerned. To request your free consultation or if you have any questions, please call Zev at (949) 200-7607, send an email to or complete the contact request form on this page. |