Ribet & Silver have extensive experience in drafting agreements between prospective spouses (“premarital agreements”) and contracts between spouses after marriage (“postmarital agreements”). Both types of agreements require careful drafting and adequate disclosure between the parties.
Premarital agreements address the parties’ present and future property rights, both during life and after death, and other related matters.
Why would someone execute a premarital agreement?
Usually parties executing a premarital agreement want to avoid or alter the applicability of California community property law to assets already owned by each of them and to property and income to be acquired or earned during their marriage. Premarital agreements often provide that the earnings and accumulations of each party during marriage will remain that party’s separate property, free of any claims, community property or otherwise, of the other party.
A postmarital agreement, executed by a husband and wife during marriage, alters marital rights and obligations as part of an ongoing marriage, both during life and after death.
Both premarital agreements and postmarital agreements are contrasted with marital settlement agreements, or “MSAs,” executed for dissolution (or legal separation) purposes to untangle a family relationship and allocate, as between themselves, community assets.
Ribet & Silver handles all of these contracts.