San Francisco Premarital, Post-Marital, & Cohabitation Agreement Attorneys
Protecting Your Financial Rights & Interests in Family Law Agreements in San Francisco County, Alameda County, San Mateo County, Contra Costa County, Marin County, & Santa Clara
The decision to negotiate and draw up a premarital agreement in preparation for your marriage is an intensely personal one. While it may seem averse to the romantic notions accompanying your wedding day, it can be a wise and practical action for many couples to take. These can include not only the very wealthy entering a marriage with many and/or complex financial considerations, but others as well. These can include those who will be blending families from previous relationships; those building businesses and professional practices; and couples who favor pre-planning on matters as crucial as their rights and responsibilities in connection with present and future assets, property, and liabilities. Such agreements can create clarity, additional trust, and stability in a forthcoming marriage.
At Nachlis | Cohade | Lopez-Whitaker, LLP, we understand that premarital, post-marital, and cohabitation agreements can be sensitive and even difficult matters. We are here to help guide you through the process of understanding, negotiating, and drafting agreements meant to protect you and your partner financially both during your marriage and in the event of divorce. We can create comprehensive written contracts according to legal standards and amend current agreements that may need to be updated.
Connect with Nachlis | Cohade | Lopez-Whitaker, LLP at (415) 855-9344.
Premarital & Post-Marital Agreements
Also known as prenuptial and post-nuptial agreements, these are written contracts that specify each spouse’s rights and responsibilities in terms of separate property brought into the marriage, marital community property, and debts incurred by either party before or during the marriage. These documents pre-determine how these assets and debts will be divided and distributed should the marriage end in divorce. These can include written provisions for financial matters such as inheritances for children from previous relationships, life insurance policies, stock portfolios, business ventures, pensions, retirement accounts, alimony, and other financial matters.
To be legally enforceable, these agreements require full financial disclosure by both parties and cannot be made under coercion, duress, threat, or undue influence, nor can any part of the agreement be considered unconscionable in consequence for either party. They must be signed by both parties, and it is advised that each party have the benefit of separate legal counsel, as well as waiting at least seven days after the agreement is drafted to be signed.
Post-marital agreements are similar to premarital agreements, with the difference that they are created and finalized after a marriage has already taken place.
Cohabitation agreements are similar to prenuptial and postnuptial agreements. Their only difference is that they are contracted between unmarried individuals who are romantically involved; live together; and who acquire property, assets, and debts together as a couple. Because they are not contractually obligated through marriage, these couples can define and predetermine their rights, responsibilities, and expectations regarding financial issues in these agreements.
Contact us to request your consultation today.