DIVORCE, SEPARATION, AND PROPERTY CHILD CUSTODY AND VISITATION CHILD SUPPORT SPOUSAL SUPPORT DOMESTIC VIOLENCE SUING FOR DOMESTIC VIOLENCE INJURIES JUVENILE DEPENDENCY PRENUPTIAL AND POSTNUPTIAL AGREEMENTS

PRENUPTIAL AND POSTNUPTIAL AGREEMENTS:      Prenuptial agreement, antenuptial agreement, or premarital agreement, commonly called a "prenup", is a contract entered into by two people prior to marriage. The content of prenuptial agreements can vary widely, but commonly include provisions for property division should the couple divorce and any rights to spousal support during or after the dissolution of marriage.      The prenuptial accord spells out how assets will be distributed in the event of divorce or death. Such agreements have existed for thousands of years in some form or another, particularly in European and Far Eastern cultures, where royal families have always made provisions for protecting their wealth.      Historically, judges frowned upon prenuptial agreements as corrupting what marriage was supposed to stand for, and often they would not recognize them. Nowadays they are recognized, although they may not always be enforced. Both parties should have lawyers represent them to ensure that the agreement is enforceable, and California specifically requires that the parties be represented by counsel if spousal support is limited.      Prenuptial agreements are, at best, a partial solution to obviating some of the risks of marital property disputes in times of divorce. Although they are not the final word, they can be very powerful and limit parties' property rights and alimony. It may be impossible to set aside a properly drafted and executed pre-nup. A pre-nup can dictate not only what happens if the parties divorce, but when they die as well.      Prenuptial agreements must be made before marriage otherwise they have no effect. Five elements are required for a valid prenuptial agreement: 1. The agreement must be executed voluntarily; 2. There must be full and fair disclosure at the time of execution; 3. The agreement cannot be unconscionable; 4. It must be signed and notarized by both parties; 5. The agreement must be in writing.      Prenuptial agreements are not allowed to regulate issues relating to the children of the marriage, in particular, custody and visitation issues. The reason behind this is that matters involving children must be decided in the children's best interests at the time an issue arises, not in advance.      With respect to financial issues, prenuptial agreements are routinely upheld and enforced by courts in virtually all states. Prenups often take months to negotiate so they should not be left until the last minute (as people often do). If the prenup calls for the payment of a lump sum at the time of divorce, it may be deemed to promote divorce. This concept has come under attack recently and a lawyer should be consulted to make sure the prenup does not violate this provision.       In California, an agreement is very powerful. A couple can waive their rights to community property and they can limit spousal support (although a court at the divorce can set this aside if it deems that the limitation is unconscionable). The agreement can act as a contract to make a will requiring one spouse to provide for the other at death.       In California, courts have not allowed penalties in prenups that sanction people for infidelity or using recreational drugs. Courts will not enforce requirements that one person will do the dishes or that the children will be raised in a certain religion.       Post-nuptial agreements, or post-marital agreements, are contracts or agreements made after the date of marriage, but before the filing of an action to dissolve the marriage. These agreements are typically not enforced by the courts. There is a presumption of undue influence in these agreements, particularly if the agreement is unfair to one spouse or the other. Both parties should be represented by an attorney at the time of the making of a post-nuptial agreement. FAQ's and MORE INFORMATION Click Here to recieve a FREE LEGAL CONSULTATION