Prenuptial and Postnuptial Agreements

At Gower & Bluck, our attorneys carefully craft prenuptial and postnuptial agreements to meet the needs of our clients. We can tailor prenuptial agreements to protect valuable assets, business entities, and define spousal support in the event of divorce. These agreements must be precisely drafted in order to be valid under the Family Code.

The purpose of a prenuptial agreement is to provide those entering into a marriage a way to clearly define the division of assets and liabilities, and the payment spousal support upon divorce.  Although many couples avoid prenuptial agreements because they are not “romantic,” a properly drafted prenuptial agreement is practical and can allow for an “easy” divorce if a divorce becomes necessary.  Similar to estate planning or purchasing an insurance policy, a prenuptial agreement can provide clarity and asset protection in the event of presently unforeseen circumstances.
A prenuptial agreement is essentially a detailed contract that identifies assets, income streams and liabilities, and sets forth how they will be split upon divorce. Without a prenuptial agreement, all assets, liabilities and spousal support will be governed by the Family Code.  The only way to ensure that real estate, retirement plans, pensions, stock portfolios and business entities remain a person’s sole and separate property is through  a carefully constructed prenuptial agreement.

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