Premarital Agreements (Prenups)
Premarital agreements (prenups) establish, in advance, how property will be treated or divided at the time of a divorce or death. They also can limit the amount of spousal support (alimony) that will be paid if the parties divorce. There are many different types of prenups – some do away with community property entirely and replace it with another plan. Other agreements confirm what the parties had coming into the marriage (separate property) and allow for sharing of income earned during marriage.
Premarital agreements have a significant emotional component. It is a time when people who are in love are forced to address difficult financial issues. We understand the difficult nature of these agreements and are able to handle the negotiation of these agreements professionally while helping you to stay on good terms with your fiance.
Our top family law attorneys at Walzer Melcher are experts in drafting and litigating premarital agreements. We lecture and write on various aspects of these agreements regularly. If you would like more information, please call us to set up a consultation.
ARTICLES AND INFORMATION
- Christopher C. Melcher’s authoritative book titled “Premarital Agreements – Negotiations, Preparing and Litigation” has been published by LexisNexis. It is part of a series of treatises called “Complex Issues in California Family Law.” You can purchase it here.
- Christopher C. Melcher commented on the Uniform Premarital and Marital Agreements Act (Not adopted by California). This model act treats premarital agreements and postmarital agreements under the same set of rules. The goal is to have clear and consistent laws for the enforcement of agreements between parties who are about to be married and for spouses to intact marriages.
- A World of Agreements – Enforcing and Attacking Foreign Prenups in the United States
- Foreign Affairs
- Evaluating the Enforceability of a Premarital Agreement
- Point/Counterpoint Regarding Provisions for Payments at the Time of Marital Dissolution in Prenuptial Agreements
- Prudent Practitioners Must Place a Premium on Careful Premarital Practices
- Keeping Separate Property Separate Without a Prenuptial Agreement
- Premarital Agreements are an Interstate Issue
- Peter Walzer quoted and this website cited in the San Francisco Chronicle on Premarital Agreements
- A California Guide – Premarital Agreements
- French Knots – “Contrat de Mariage” in California
- To Have and to Hold
- Prenuptial: Parting Agreement
- Prenuptial Pacts Shield Businesses From an Heir’s Ex