Hersh Family Law Practice


Transactional Services

HFLP negotiates and drafts agreements affecting the financial aspects of intimate relationships. This includes Prenuptial Agreements and Postnuptial Agreements.

A Prenuptial Agreement is a contract entered into between two people prior to marriage. The purpose of the Agreement is to regulate resolution of financial issues in the event of dissolution of their marriage in some way that pre-empts the normal operation of state law. This may include the definition or preservation of separate property, the creation or limitation of community property, and obligations of post-marital support. Any provisions limiting duties of spousal support in the event of a dissolution may be set aside by the Court if deemed unconscionable at the time of the dissolution.

A Prenuptial Agreement must conform to those provisions of the Uniform Premarital Agreement Act adopted by California. Application of the Act and judicial decisions impacting Prenuptial Agreements make this an evolving area of law. A Prenuptial Agreement may not violate public policy, limit obligations of support during marriage, or pre-determine child custody or child support.

A Postnuptial Agreement is a contract entered into between married persons intended to define their respective property interests. It will be binding upon the Parties in the event of dissolution of their marriage as to any financial areas it addresses, so long as permitted by law. A Postnuptial Agreement may not regulate obligations of support during marriage or predetermine child custody or child support. It may not violate public policy in any way.

A Postnuptial Agreement is a contract between married people and married people have a fiduciary relationship to each other. Therefore, a Postnuptial Agreement must comply with certain rules governing the right of fiduciaries in order for it to be enforceable at the time of dissolution. This includes, but is not limited to, full and complete disclosure of all financial information as requested by either Party to the Agreement, unfettered access by each Party to professional support and advice, and deliberative and knowing consent to the terms of the Agreement free from pressure, duress, or coercion. In addition, the Agreement must comply with certain stringent requirements of the Family Code in order to successfully change the character of any property from community to separate, from separate to community, or from one person's separate to the other person's separate property.

This is intended to be a summary description and should not be relied upon as legal advice. More information may be obtained by consulting an attorney providing these services at HFLP.


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