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Helping You Draft And Enforce Your Prenuptial And Post-Nuptial Agreements

Our attorneys at Leigh K. Galyon, APC, work with couples in San Diego who wish to establish the terms of a settlement agreement either before or after they are married in case they later decide to separate. There is a common misconception that prenuptial or post-nuptial agreements suggest a lack of trust in the relationship. Still, the truth is that such agreements are merely practical and can even help to strengthen the relationship as you discuss openly with your spouse.

Even though you are working on your agreement as a couple, it is important to have an experienced attorney to represent you and your interests while protecting your rights. You will also want to make sure that your agreement with your partner is drafted correctly. After all, prenuptial and post-nuptial agreements are legal contracts that are enforceable by law and can prove challenging to contest later.

Terms Of A Prenuptial Agreement

Working out the terms of a potential settlement in advance – especially if your joint and separate assets are complex – allows you and your significant other to decide for yourselves how you wish your assets and debts should be divided.

A prenuptial agreement can address specific terms for many issues, including:

  • Who gets what assets in the event that you decide to end your legal union
  • How finances and assets will be handled during the marriage
  • What is considered community property and separate property
  • Spousal support
  • Business ownership
  • What to do with your estate in the event that one of you dies
  • The handling of gifts, inheritances or trusts
  • Benefits and disability and insurance coverage

Note that there are several concerns a prenup cannot address, primarily child custody, which is a public policy matter that must be decided according to the best interests of the child. A comprehensive prenup can help avoid disagreement or conflict later on, as this can help simplify the process of property division that may come in a divorce.

Understanding The Benefits Of A Post-Nuptial Agreement

Post-nuptial agreements are merely the same as prenups, except they are drafted after marriage. Married couples who create post-nuptial agreements are considered fiduciaries of each other, and they are therefore required by law to provide each other with full disclosure of all information and issues pertaining to the drafting of the post-nuptial agreement.

The terms that can be settled by a post-nuptial agreement are similar to the ones included in a prenuptial agreement. It is common for post-nuptial agreements to address property-related concerns, especially as a couple may experience changes to their assets during their marriage.

Challenging Or Enforcing An Agreement

Marital agreements may be modified at any time during the marriage, but it is possible to challenge an agreement if:

  • your spouse did not disclose all their assets or debts;
  • you were unfairly pressured into signing the agreement; or
  • you were deceived into signing the contract.

Our firm will help you challenge the terms of a defective prenuptial or post-nuptial agreement and, if necessary, litigate your matter in court. We also represent clients who wish to enforce the terms of their prenuptial or post-nuptial agreement that a soon-to-be ex-husband or ex-wife may now wish to contest. Whatever legal complication you are dealing with regarding your marital agreement, let our attorneys handle your case. We will protect your spousal rights and ensure the language of your contract is fair to you and take legal action otherwise.

Contact Us Today To Get Started

A prenuptial or postnuptial agreement can save you money, stress and heartache down the road. Call 619-573-6125 or reach out to us online to learn more about how we can help today.