Protecting Your Assets in Marriage

You may be concerned that discussing a prenuptial or postnuptial agreement with your fiancée or spouse is stressful and difficult. At the same time, such an agreement may play an important role in protecting your separate property, preserving your children's inheritance and reassuring your business partners.

At Creative Family Solutions, Cecil Cianci Law, PC, we understand that the decision to pursue or accept a prenuptial or postnuptial agreement is a very personal one. Our knowledge of family law enables us to give you skilled advice regarding your options so that you can make an informed decision. Contact us today to schedule a consultation.

Negotiating and Drafting Prenuptial Agreements

When approached correctly, prenuptial agreements (also known as premarital agreements or "prenups") can play a positive role in strengthening marriages. A prenuptial agreement allows a couple to define their marital arrangements on their own terms, rather than accepting the default provisions of California community property law.

Prenuptial agreements are not "arm's length" transactions, but rather occur within close personal relationships and can override general legal rights. Before a prenuptial agreement will be treated as valid, certain procedures are required, including:

  • Each party must fully disclose all information, including assets, debts, and income, that would be relevant to the other party's decision to enter into the agreement.
  • Each party must be represented by an attorney if the issue of spousal support is going to be limited or waived in the unlikely event of a divorce.
  • There must be a certain amount of time between the receipt of prenuptial agreement and the signing of the document.

All of these provisions are designed to ensure that the prenuptial agreement is truly voluntary on behalf of both parties.

Pursuing Valid Postnuptial Agreements

Postnuptial agreements are agreements made during the marriage regarding what will happen if the marriage ends in divorce, or if there is a separation. Postnuptial agreements are legally recognized in California. Because spouses (who are already married) have substantial influence over each other, there are many disclosures and formalities required before an agreement is treated as valid.

Aggressive Pursuit of Your Family Law Goals

Prenuptial and postnuptial agreements can each play an important role in asset protection during a marriage. Contact our Roseville law office to speak to an experienced lawyer about your legal options. Call 916-756-4012 today.