The state of California has found prenuptial, postnuptial, and cohabitation agreements to be considerably significant when both parties assent to such agreements. Commonly referred to as a "prenup," a prenuptial agreement is a contract entered into prior to the commencement of the marriage or civil union. The most common substantive provisions include how to divide the property of the parties in the event of dissolution, spousal support, and may also include conditional provisions in the event of adultery, death, or other circumstances.

Post nuptial agreements are similar in form and substance, but the difference is that the contract is formed after the parties enter into a marriage or union. A cohabitation agreement is a contract between those persons who have chosen to live together in the absence of a traditional marriage or union. Unlike a prenuptial or postnuptial agreement, such a contract may be insufficient to effectively control the distribution of assets when a triggering event arises.

These agreements are typically in writing and may impact the estate plans of a party to the agreement in the event that person passes away. At our office, we will make sure that the agreement that you enter into is both fair and equitable in representing the needs of both parties. As there are differing treatments by California courts between those agreements prepared by an attorney and those prepared without an attorney, it is highly recommended you consult an attorney prior to executing any agreement.

Postnuptial agreements are given unique treatment in California. As the marriage commences, there is a risk that one party becomes unduly dependent on the other and therefore there exists a presumption that such agreements were entered to in duress or with the presence of undue influence. An attorney can help to overcome this presumption.

Additional concerns that may be present:

• "Choice of law" provisions
• Disposal of assets acquired before and during the marriage
• Waivers
• Mediation and other forms of alternative dispute resolution (ADR)
• Agreements to enter into a will

At our office, we will carefully walk you through each stage of this process. If you feel such an agreement may be necessary, please contact our office to set up an initial consultation.