Frequently Asked Questions
- What’s a prenuptial agreement?
A prenuptial agreement is a contract between two people entering into a marriage. Prenuptial agreements detail how marital and separate property will be divided and distributed if the marriage ends in divorce. Prenuptial agreements can also address how other aspects of a marriage will be handled in the event of divorce or separation, such as child custody, child support, and spousal support.
- What’s a post nuptial agreement?
Post nuptial agreements serve the same purpose as prenuptial agreements, the only difference being they are filed after a couple is married rather then before.
- What is a cohabitation agreement?
A cohabitation agreement is a type of marriage contract that is filed between either same-sex couples or heterosexual couples that don’t wish to marry, but for all intents and purposes are committed to each other in the same way married couples are committed. Cohabitation agreements define the rights of each partner in regards to property division, child custody, child support, spousal support, inheritances, power of attorney, and conservatorship should the relationship end in divorce, separation, or death.
- Why should I draft a prenuptial, post nuptial, or cohabitation agreement?
Drafting a prenuptial agreement, post nuptial agreement, or cohabitation agreement is an excellent way to ensure your rights and wishes in regards to property division are upheld during a divorce or separation. In addition, when the terms of property division are clearly stated in an agreement, there is no room for argument or confusion, which makes the divorce process much easier.
- When should I draft my prenuptial agreement?
You can draft a prenuptial agreement anytime before you get married. However, it’s in your best interest to draft your prenuptial agreement as early as possible, that way you will have enough time to work out the terms of your agreement and make sure there is nothing left uncovered.
- Can I modify or cancel my prenuptial agreement?
Yes. Prenuptial agreements can be modified or terminated as long as both parties agree to it. However, if one party contests to the modification or termination of the agreement you may have to go to court, where a judge will decide whether or not to modify or terminate the agreement.
Contact a San Francisco Prenuptial Agreement & Marital Contract Lawyer Today!