Premarital And Post-Marital Agreements

As a full-service firm, Denny Kershek Family Law Attorney is ready to help you draft or negotiate a premarital or post-marital agreement. We understand how to write agreements that are fair and enforceable because we have significant experience defending and challenging these agreements in divorce cases.

Keep reading to learn more about what these agreements (and our firm) can do for you.

Should You Consider Getting One?

Premarital agreements (or prenuptial agreements) have long suffered from an image problem. They are often thought to be for wealthy individuals marrying someone with fewer means. But the truth is that premarital and post-marital agreements are becoming increasingly popular and increasingly necessary for average couples.

Decades ago, couples married young, often before they had obtained any individual assets. These days, most couples wait longer to get married, and therefore have accumulated some personal assets. A premarital agreement can ensure that those separate assets stay separate if divorce ever becomes necessary.

Perhaps the biggest argument for getting a prenup or postnup is that divorce is more common today than it once was. Drafting an agreement is not a sign that you are having doubts or believe that you will get divorced — just as having auto insurance would not indicate that you were expecting to be involved in a crash. If divorce ever becomes necessary, your agreement protects certain assets and often simplifies the divorce process.

What Do Premarital Agreements Require?

Attorney Denny Kershek has more than 36 years of experience in California family law. He has honed his skills in writing, defending and challenging prenups, and he understands what factors are needed to make them enforceable and durable.

If you are requesting that your fiancé(e) sign a premarital agreement, you should:

  • Present it to him or her with plenty of time to look it over and consider it (well before the wedding).
  • Present it to him or her without engaging in anything that could be interpreted as coercion, undue influence or fraud/deceit.
  • Consult a lawyer when writing the document, preferably with your fiancé(e).
  • Look over the document with your attorney and have your fiancé(e) consult with his or her own attorney.
  • Ensure that the document contains terms that are fair and reasonable to both parties.

If your fiancé(e) has written a premarital agreement without your explicit input, you should consult with your own attorney before agreeing to sign it.

Post-Marital Agreements

These are very similar to premarital agreements, but they obviously take place after the couple has already entered into a marriage contract (gotten married). Like a prenup, the agreement must be fair to both sides, duly considered in consultation with an attorney and freely signed with no evidence of coercion, fraud or deceit.

Because your obligations to your spouse are greater than they would be to a fiancé(e), a post-marital agreement also requires a complete and accurate disclosure of all property and assets you own. Your spouse must make the same disclosure.

Contact Us For A Free Discussion Of Your Legal Needs

Denny Kershek Family Law Attorney offers free initial consultations to prospective clients in San Diego County and surrounding areas. To get started, call our office in Poway at 619-908-1899 or send us an email.