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Premarital agreements are desirable for many couples planning to marry though the subject can difficult and potentially hurtful, if not handled thoughtfully. Such agreements should be fair and equitable under the circumstances and in fact will not be enforceable if they are grossly one-sided. Finances are an issue for many couples and are one of the leading causes of divorce. All couples who plan to marry should agree as to their finances should be managed. This may preclude future issues. One may discover in legal consultation that their situation does not require a premarital agreement if finances are managed with an understanding of the law. However, many couples, particularly those with children from prior marriages, businesses or separate estates, would significantly benefit from a premarital agreement.
Premarital & Postnuptial Agreements
Family Law Services | Family Lawyer serving Torrance and South Bay
Tara employs her many years of experience as a family law specialist with her mediation and collaboration skills to help client fashion marital agreements that protect them and resolve financial issues between the couple. Both premarital and post-marital agreements may used for estate planning purposes and Tara’s Master of Laws in Taxation coupled with more than thirty years experience in estate planning brings added value in negotiating and preparing these agreements.

Parties to a premarital agreement should without question be represented by their own attorney. Employing a collaborative method in negotiating and preparing a premarital agreement can avoid the “sting” of being presented with a premarital agreement drafted by one party at a very sensitive time.    The collaborative process contemplates a meeting, before drafting the agreement, with the couple and their attorneys to establish both parties’ concerns and to explore how these concerns may be addressed in the agreement.

Similarly, post-marital agreements are optimally negotiated using the collaborative process.  There are many situations that may arise during marriage that can be best managed in a post-marital agreement.  For instance, one partner may desire to pursue a business venture that the other fears will threaten his or her financial security.  A couple may agree to transmute community property to separate property, or separate property to community property, with or without consideration, however, a marriage is, by law, a confidential relationship which imposes a duty of the highest good faith and fair dealing whereby neither partner may take unfair advantage of the other.  In order to have a valid post-marital agreement, the couple is best served by experienced and knowledgeable counsel who negotiate such an agreement in a collaborative manner which presupposes transparency and good faith.

Please refer to the Trust and Estates section under Services.