Pre-Marital Planning

Planning For Your Marriage

Marriage is a partnership based on love, but it is also a financial partnership that will have lasting effects on both spouses’ assets, opportunities and tax obligations. For that reason, it’s prudent for couples planning on getting married to do some thorough premarital planning so that you can identify potential areas of discord ahead of time and reach agreements now and save yourselves headaches later.Family law attorney Charlotte H. Huggins, based in San Rafael, will help you write a fair prenuptial agreement. A well-written agreement will help you and your spouse navigate tough decisions as your financial circumstances change. And in the event of a divorce, a prenuptial agreement will also simplify the division of property and other issues that often become sources of stress and anger for couples who did not formally discuss these issues before getting married.

We Will Help You Write A Thorough Prenuptial Agreement

California is a “community property” state, which means that all of a couple’s assets are either the “separate property” of just one spouse, or shared 50-50 as “community property” of the couple. A prenuptial agreement is the best way to formally define each party’s property rights at the beginning of a marriage.

A thorough prenuptial agreement will also use these decisions to specify property division decisions in the event of divorce.

Premarital planning also calls on both parties to agree to potentially thorny issues, including:

  • Spousal support, also known as alimony: In California, it is possible for the lower earning spouse to voluntarily limit or waive his or her right to spousal support in the event of divorce.
  • Retirement benefits: It is possible to designate retirement benefits as the separate property of one spouse, or to share the benefits.
  • Management of household bills and expenses: Every family has its own way of making the day-to-day decisions that keep a household running.
  • Protecting a separate business: If one spouse owns a business, the couple can choose whether to define this as separate or community property.

Unlike spousal support, child custody and child support decisions cannot be made in a prenuptial agreement.

Craft A Prenuptial Agreement That Works For You, With A Lawyer’s Help

We’ll help you and your spouse reach a fair agreement that will serve in good times and bad. To see what we can do for you, contact us online or call us at 415-457-4497 to schedule an initial consultation.


Email Charlotte H. Huggins