Protect Your Assets With Marital Agreements

At the Law Office of Stephen W. Penn and Associates, we help couples in California navigate prenuptial and postmarital agreements and protect their assets.

When Are Prenuptial And Postmarital Agreements Necessary?

A prenuptial agreement is a private agreement between two persons contemplating marriage. The couple generally settles, in advance, financial matters in the event of death or divorce. "Lifestyle" or nonfinancial topics also may be included. This premarriage contract overrides and preempts state, family and probate laws that otherwise would apply.

A prenuptial agreement is helpful in cases where a second marriage is contemplated or where there is a large separate estate and asset protection is a concern. It is important that the work on a prenup begin early, as there are time restrictions on how long the parties have to draft the document before it is signed. It is absolutely essential that both parties be represented by a lawyer, even if one party is required to assist the other party in retaining counsel.

Attorney Stephen Penn is a certified family law specialist — he has the knowledge and skill to craft a prenuptial agreement that is enforceable, or to challenge an agreement that was not properly drafted.

As a general rule, we will not accept representation as the drafting or reviewing attorney of a prenup agreement if the anticipated wedding is less than 30 days in the future.

A postmarital agreement performs the same function as a prenup, but it is drafted after the marriage takes place. Again, both parties should be represented by attorneys throughout the process for the agreement to be enforceable.

Learn More About Marital Agreements

If you're considering a prenup or postmarital agreement, it's important to seek the advice of an attorney. Call our Morgan Hill office at 408-776-1525 or reach out online to schedule a consultation. We can also review existing prenup agreements and advise on their enforceability.