The initial issue a family law attorney will look at if a prenuptial agreement is in issue is what the client will be giving up at the time of the pending marriage. Most marriages where prenuptial agreements are being negotiated involve some blending of households.
Matters for negotiation
Your family law attorney can suggest typical matters that are often negotiated, including:
• Guarantees of household operating expense accounts
• Phased-in interests in property, such as a marital residence
• Payment of attorney’s fees
• Reasonable temporary expenses in the event of a divorce
The sale of a residence
If the client is going to be selling her home and goods, the family law attorney should be sure to make provision so that the client can resume her former life following dissolution of the marriage, particularly when the marriage is of a very short duration.
Provisions for alimony based upon length of marriage, or the recipient party’s giving up a career or education are common. The amount and duration of alimony payments are often determined in relation to how long the marriage was in effect. “Sunset” provisions terminating maintenance waivers or property waivers can also be included. These customarily provide that if the marriage lasts a specified number of years, the provisions of the agreement are no longer enforceable, except as to previously owned assets.
While no one wishes to enter a marriage with anything but a desire that it last forever, one needs to be practical. Contact us for representation in all family law matters. Call (805) 231-5705 today for your initial Strategy Session.