At the Law Offices of Victoria S. Linder, our attorneys encourage couples to create an agreement prior to marriage or a domestic partnership. The discussion about assets, rights and obligations can be important to the success of a marriage or domestic partnership. If you do not have a prenuptial agreement, you and your spouse or partner can negotiate an agreement at any time after the marriage or domestic partnership — a postnuptial agreement. When expectations are clear, there is less to worry about. Talk to an attorney about a prenuptial or postnuptial agreement, or a registration agreement that works for you and your spouse or partner. Some of the issues to think about are:
Community property: In a prenuptial agreement, you can opt out of California community property laws if both parties agree. You can also agree to enhance community property by adding some or all of your separate property.
Separate property: You can establish before the marriage or domestic partnership what separate property each of you brings to the union so that there are no questions later.
Child support: No marital or partnership agreement can do away with child support obligations. Both parents are responsible for providing for their children.
Our family law attorneys have found that the process of writing a prenuptial or postmarital agreement can be a healthy, realistic exchange of each person’s objectives.