Campbell Prenuptial Agreement Lawyer

Couples who are not divorcing, but would like to reach a legally binding agreement about how they will share their financial resources and determine their property rights in the future should consider entering into a co-habitation agreement, prenuptial or marital agreement. I can assist California parties looking to enter into a co-habitation agreement, prenuptial or marital agreement either a neutral mediator for a couple or as an individual's legal counsel.

Prenuptial, marital and co-habitation agreements can specify issues such as:

  • Property characterization and management
  • Sharing of financial resources
  • Spousal support in the event of separation or divorce
  • Keeping individual assets and debts separate
  • Maintaining assets brought into the relationship
  • Responsibilities of the parties' marriage
  • Responsibilities for children and their expenses

Making Sure Your Agreements Are Enforceable

In my experience, there are important steps that should be followed by parties entering these agreements to make sure the agreement will be legally enforceable. First, each party must each have his or her own legal representation. It is important for each party to be represented by their own lawyer who will review and explain the meaning and legal consequences of the agreement. When asked to enforce an agreement, a judge will want to make sure that each party entered into the agreement voluntarily and with full understanding.

For pre-nuptial and marital agreements there must also be full and complete financial disclosure of the financial assets and debts of each party. After a pre-nuptial agreement is drafted and provided to both parties, there is a waiting period of seven days before the parties can sign so you do not want to wait until the last minute to begin the process.

Mediated Prenuptial, Marital and Co-habitation Agreements

As a neutral mediator, I meet with the couple and facilitate the required financial disclosures, negotiation, and preparation of an agreement. In order for the agreement to be an enforceable contract, each party would need to take the agreement to a separate consulting attorney who would represent them for the review and execution of the agreement.

Prenuptial Marital and Cohabitation AgreementsRepresentation for Prenuptial, Marital and Co-habitation Agreements

Another option is that I can also represent an individual party as a consulting and reviewing attorney of a mediated agreement.

In a case where the parties will conduct their negotiations through their own attorneys, I can serve as your individual legal counsel handling the entire negotiation, preparation, review and execution of the agreement.

If you need assistance with a prenuptial, marital or co-habitation agreement, call the Law Office of Tammara S. Bloom. I can serve as a neutral mediator, or I can represent you either as a consulting attorney or for the entire process. Please call my San Jose area office at 408-412-1430 to schedule an appointment or contact me online.