Prenuptial Agreements And The Definition Of Marriage

Posted June 24, 2020

Newly engaged couples and couples considered getting married often do not understand how marriage changes their legal rights and responsibilities. The focus of these couples is love and family, and rightfully so because it is a wonderful and exciting time in their lives.

Why even think of a prenuptial agreement, also referred to as a premarital agreement? Does this mean you are planning to get a divorce? Or that your spouse doesn’t love you as much as you love them? Absolutely not.

The reason to entertain the notion of a prenuptial agreement is to educate yourself on the laws encompassing marriage.

Many people might define marriage as a promise between two people that they will love and cherish each other through the greatest and worst times. This is absolutely necessary for a successful long-term relationship, but it is not the law. So what is marriage under the law?

Generally, marriage is a contract between two people that alters their property rights and financial responsibilities and enters them into a fiduciary relationship subject to the same rights and duties of nonmarital business partners. The terms of this contract are found in the Family Code and associated court opinions.

No individual should enter into a contract without understanding its terms. Educating yourself and your future spouse on the terms of this marital contract can and should be a bonding experience. You may decide that you like the terms of the contract and at that point marriage is the next step. If you wish to change certain aspects of the contract, then a premarital agreement is the means to do so. Examples of terms that can be modified include how to treat earnings during marriage, property acquired before and after marriage, debts acquired before and after marriage, inheritance rights, the purchase of homes, retirement benefits, and more.

Further Reading » Divorce and Child Support: Planning for Special Needs Children in California

It is important to know your rights, responsibilities, and options regarding the marital contract. Our family law team at Naimish & Lewis can advise you on this and other family law matters. To schedule an initial consultation with an attorney at our firm, please contact us.

Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.