Protecting Your Assets And Clarifying Your Intentions
Premarital agreements, also called prenuptial or antenuptial agreements, are contracts between two people who intend to marry each other. These agreements typically address issues relating to the parties’ property and income during the marriage, after the marriage (if it ends in divorce), spousal support waivers, and after the death of one or both spouses.
Successful business people, celebrities, and people who have been married previously tend to enter premarital agreements more often than couples entering their first marriage. They are also common when one person brings significantly greater financial assets into the marriage.
Prior to entering into the agreement, both parties must fully disclose their assets, income and liabilities to the other, and they must enter into the agreement in good faith. Premarital agreements are extremely tricky and are often voided and ruled unenforceable unless strict adherence to statutory guidelines and case law is observed. A waiver of spousal support may be enforced only if it is executed by intelligent, well-educated persons, each of whom is self-sufficient in property and earning ability, and both of whom had the advice of counsel regarding their rights and obligations as marital partners at the time they executed the waiver.
A party cannot draft or enter into a premarital agreement without experienced and qualified attorneys by their side. The attorneys at VM are highly skilled drafters of premarital agreements, and routinely work with parties from whom information was withheld, or who may feel they were coerced into signing the agreement. A well crafted premarital agreement is a very effective legal tool to protect your investments and bank accounts, home, pension professional practice, and your separate property and financial assets.
If you need assistance with a prenuptial agreements matter, turn to the experienced team at Vorzimer/Masserman - Fertility & Family Law Center. Call our Woodland Hills office at (818) 303-2438 or send us an email to schedule a consultation.