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Marital Agreements

San Mateo Marital Agreement Lawyers

Protecting Your Rights in Prenuptial Agreements

At the Law Offices of Wayne A. McFadden, we have the knowledge and experience to negotiate fair pre-marital and post-marital agreements to identify joint and separate assets in the event of a divorce. We use experts as necessary to clarify the value and status of assets held by married couples to avoid legal battles down the road.

Our San Mateo prenuptial agreement lawyers draft these contracts to ensure they are enforceable and not in conflict with the best interests of our client. We serve married or marrying partners throughout the Bay Area and the Peninsula, from San Francisco to San Jose. Contact us today to arrange a consultation about your marital agreement. We also handle domestic partner agreements.

Prenuptial Agreements

A properly drafted pre-marital agreement addresses:

  • Separate property each party brings to the marriage and defines jointly held assets subject to division in divorce
  • Earnings of each spouse
  • The right to spousal support or a waiver thereof

California law prohibits agreements that promote divorce (i.e., financial incentive to dissolve the marriage). Each party must have a minimum of three days to review the proposal and it must be reviewed by legal counsel before a judge will approve it.

Prenuptials are advised for second marriages when one or both parties bring substantial assets to the union. It also preserves inheritance rights for children from a previous marriage.

Post-Nuptial Marital Agreements

As with prenuptial contracts, a post-marital agreement cannot promote divorce and will not be honored unless both parties have had reasonable time to review its contents with a lawyer.

Postnuptial agreements identify joint and separate property to expedite the divorce settlement process and avoid litigation over marital assets. Many address spousal support, stipulating monthly alimony payments or a waiver of spouse support in exchange for substituted assets or a lump sum payoff.

Our professional ethics and the enforceability ramifications require that we represent only one party in marital agreements. If you are entering marriage or ending one, contact the Law Offices of Wayne A. McFadden for solid protection of your interests. Wayne McFadden has practiced law for over 40 years, joined by outstanding associates and knowledgeable staff.