Prenuptial Agreements Prevent Costly Litigation
Many of people who have been through a stressful divorce involving extensive litigation want to make sure they don’t experience that again if they get remarried. Premarital agreements, cohabitation agreements and post-marital agreements can spell out how parties will share their financial resources during a relationship and how their property will be divided should the relationship end.
At the Law Office of Tammara S. Bloom, I can assist California parties looking to enter into a cohabitation agreement, prenuptial or marital agreement. I can serve as a neutral mediator for a couple or as an individual’s legal counsel.
Why It Makes Sense
Prenuptial, marital and cohabitation 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 a 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 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 prenuptial and marital agreements there must also be full and complete financial disclosure of the financial assets and debts of each party. After a prenuptial 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 Cohabitation 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.
Representation For Prenuptial, Marital And Cohabitation Agreements
Another option is having me 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.
Ready To Advise You
If you need assistance with a prenuptial agreement, marital agreement or cohabitation 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 408-377-2817 to schedule an appointment or contact me online.