Prenuptial and postnuptial agreements are agreements that are made before or after marriage, and before date of separation. A prenuptial or postnuptial agreement will modify how the courts will characterize assets and debts, and/or modify provisions regarding spousal support. Although some prenuptial and postnuptial agreements will attempt to modify the law regarding child support, those agreements are typically found to be void.
A prenuptial or postnuptial agreement is a very formal document that must comply with all of the courts requirements and pursuant to current case law. As an example, since the Bonds case, it is imperative that both sides are equally represented by counsel. Furthermore, the Family Code was revised regarding this issue.
The Law Office of David C. Stone litigates prenuptial and postnuptial agreements during dissolution. Our law firm also drafts both prenuptial and postnuptial agreements for our clients before marriage.