Pre-marital & Post-marital

Richard F. Sperling

Premarital Agreements are enforceable.  They are useful at the time of marriage to specify each party’s separate property, and to state a fair settlement in the event of separation or divorce.  In a Premarital Agreement, we can provide for our loved one in the event of death, and establish parameters for spousal support in the event of separation or divorce.

A Premarital Agreement can be a type of “divorce insurance,” because it can save parties significant legal fees.  And, while a promise set forth in an estate plan (or in a will or trust) can be revised or revoked by either spouse, a commitment in a Premarital Agreement is enforceable, and cannot be revised or revoked by one spouse.

A Post-Marital Agreement is a similar legal strategy.  Often in second marriages, one spouse resides in her spouse’s separate property residence, and each spouse might have children from a prior relationship.  In these cases, you may seek certainty in the event your spouse predeceases you, and you may wish to avoid conflict with your spouse’s children.  During marriage, spouses may enter into a Post-Marital Agreement which addresses these issues, along with property division and spousal support.

Contact our office if you have any questions regarding how a Premarital or Post-Marital Agreement can address your concerns.

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Westlake Village, CA 91361

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