Engaged and married couples typically don’t realize that all married couples in California are subject to state Family Code law that functions as a default pre-marital agreement. The Family Code imposes standardized provisions for income and real and personal property division, spousal support, business ownership, indebtedness obligations and other conditions.
That’s why many engaged couples choose to create and enter into a pre-marital agreement — also called a prenuptial agreement, or a “prenup.” A pre-marital agreement is a legal contract that allows couples to specify their own rules governing their rights and responsibilities during their marriage, and to designate how spousal support should be treated and how their property would be divided between them in the event of separation or divorce.
A post-marital or postnuptial agreement is a similar agreement between married spouses who may or may have not created a pre-marital agreement before their wedding. Post-marital and pre-marital agreements can help avoid future conflicts.
Drafting a legally admissible pre-marital or post-marital agreement requires intimate understanding of California’s complex Family Code. In many cases, pre-marital and post-marital agreements are valid only if the two spouses are represented by separate attorneys. Porrino Law PC prepares pre-marital and post-marital agreements to meet the specific needs of clients in Sacramento, Placer, Yolo and El Dorado counties in the Sacramento Valley, and Contra Costa and Alameda counties in the San Francisco East Bay region.