Premarital Agreements - Your Clients, Your Children, Yourself

By Brian McDonald

"For better or for worse," premarital agreements are being considered by more and more people. What are they? Why would they be of interest to you? What can they cover? Are they enforceable?

In my capacity as a mediator, I have with increasing frequency been asked to meet with couples prior to their marriage and facilitate their arriving at agreements for the premarital contract. Thereafter each party goes to independent counsel to review, advise, and sign-off the agreements. These premarital agreements often define the law in California, and how the parties want the law or a variation of the law to apply to their marital property.

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