Pre-Marital & Post-Marital Agreements

San Francisco, California pre-marital agreements attorney and mediator

The attorney-mediators at Lawhon Law & Mediation, P.C.  work with couples who would like to establish the terms of their financial partnership together either before or after they are married (pre-marital and post-marital agreements), which can also establish the parameters of a settlement agreement in the event of a future legal separation or divorce. As neutral mediators, we work with both parties together to discuss and create your agreement together rather than having one individual’s separate attorney prepare an agreement without input from the other individual which can lead to negative feelings between the individuals and costly back and forth negotiations between the separate attorneys.

Even though you are working on your agreement as a couple with a neutral mediator, it is important for enforcement purposes that each of you also has your separate family law attorney to advise you since you may be changing your legal rights or obligations from what California law might otherwise provide. The goal of mediating the terms of your agreement together is to allow an open and honest discussion between the individuals themselves with the guidance of a neutral family law attorney-mediator. But this does not take the place of each individual having separate legal counsel in order to ensure that each individual fully understands his or her rights, obligations and options under the circumstances thereby eliminating this as a reason to challenge the enforceability of the agreement in the future. If needed, we can provide referrals for separate attorneys who are truly supportive of couples working together in mediation. In addition, (provided that our attorney-mediators are not serving as the mediator for the couple), we are able to serve as the separate consulting attorney for one individual.

Terms of a pre- or post-marital agreement

There is no one-size-fits-all approach to a pre-marital or post-marital agreement; the terms will reflect the issues that are important to both of you given your particular circumstances. The following is a list of common topics to think about when considering and creating your own unique agreement:

  • Division of assets in the event of separation, divorce or death
  • How finances (assets and liabilities) will be handled during the marriage
  • Spousal support terms
  • Business ownership issues
  • Estate planning
  • The handling of gifts, inheritances or trusts
  • Benefits and disability and insurance coverage

Contact San Francisco Bay Area attorneys and mediators today.

For assistance with pre- or post-marital agreements, call Lawhon Law & Mediation, P.C. in San Francisco, California at 415-398-3400 today or contact us online.