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Case Introduction
Case No. FP-010
Pre/Postnuptial Agreement (CA only)
Brief Introduction

There are two types of martial agreements: a prenuptial agreement and a postnuptial agreement. Both types of written contracts set out the rules that will cover property rights if the marriage ends.

A prenuptial agreement is entered into before marriage and it protects each spouse's interest in his or her own property and defines each spouse's rights to the property of the other spouse if they divorce or one of them dies. You may be considering a prenuptial agreement if you are about to enter into marriage.

Post marital (also known as postnuptial) agreements are utilized and prepared after the parties have already married but before they have separated. It operates in a similar way to a prenuptial agreement. The parties enter into a postnuptial agreement set forth their rights parties with respect to separate property or even community property interests after marriage. These agreements may also act as a preliminary division of community property to be implemented during the marriage but before the parties actually decide to separate or proceed towards divorce.

Things to Know

1. The agreement must be "fair and reasonable". There are three basic rules that should be followed to safeguard your agreement: full and fair disclosure, separate and independent counsel, and ample lead-time before the wedding.
2. Although prenuptial agreements can be binding on issues of division of property and alimony, they are not binding on issues of child custody or on child support.
3. Benefits of prenuptial/postnuptial agreement:
1) Allows individuals to determine in advance who will keep specific assets
2) Can be used to guarantee the financially less affluent partner a fair share of assets
3) Can be used to compensate a partner for his or her role as a caretaker
4) Allows the financially more affluent party to limit financial loss in the event of a breakup or divorce
5) Discloses expectations of the relationship, both financial and personal
6) Allows couples to be open with one another about their finances
7) Allows each partner to protect separate property so that it won't be considered a combined or joint asset if the relationship ends
8) Allows each partner to keep their individual debts so that one partner will not be responsible for the debts of the other partner if the relationship terminates
9) Can provide for children from a prior marriage
10) Avoid legal battles over property issues in the event the relationship ends
4. A prenuptial/postnuptial agreement often includes:
1) List all assets, liabilities, income, and expectations of gifts and inheritances.
2) Describe how premarital debts will be paid.
3) Resolve what happens to your premarital property in reference to appreciation, gains, income, rentals, dividends and proceeds of such property- in the event of death or divorce.
4) Decide who, or if both of you, will own the marital residence and secondary homes in the event of death or divorce.
5) Specify the status of gifts, inheritances, and trusts either spouse receives or benefits from, whether before or after marriage.
6) Clarify what will happen to each type of property, whether jointly or individually owned, such as real estate, artwork and jewelry.
7) Figure out alimony, maintenance, or spousal support, or provide for a waiver or property settlement instead of support (to the extent allowable by law).
8) Detail death benefits, stating what you will provide for in your will.
9) Decide on medical, disability, life or long-term-care insurance coverage.
5. Make sure you draft a prenuptial/postnuptial agreement that is valid in all 50 states. A lawyer can help you with this.
6. Be careful on your prenuptial agreement. The judge may void documents that are written in a way that can promote divorce (for example, an agreement that gives a party motivation to leave the marriage for financial considerations).

Ask for Attorney Service
Attorney’s Service
1. Provide prenuptial agreement/postnuptial agreement questionnaire to clients
2. Ensure that the client’s prenuptial or postnuptial agreement meets all legal requirements
3. Review both parties’ list of assets, liabilities, income, etc
4. Draft Prenuptial Agreement / Postnuptial Agreement for clients
5. Help clients to notarize the agreement

Client’s Assistance
1. Discuss about the prenuptial/postnuptial agreement with attorney
2. Provide necessary detailed information to attorney
3. Review the prenuptial/postnuptial agreement
4. Sign the prenuptial/postnuptial agreement in front of a notary public
5. Keep the prenuptial/postnuptial agreement in a safe place

Service Fee

This service fee is the basic reference price, which may be adjusted case by case.

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