Planning for your property rights

 

Before marriage, it's wise to meet with a family law attorney to understand how California community property law may affect your property rights after marriage.  Spouses can agree to deviate from or opt out of the California's community property system.  With a premarital agreement (also know as a pre-nuptial agreement, or "pre-nup"), parties make their own decisions about their property rights.  To be valid and effective, both parties must be represented by separate, independent attorneys, and both parties must make full disclosure of this assets, debts and income.  In addition, the agreement needs to be drafted and presented well in advance of signing.  (California law requires that it be presented 7 days in advance.)   Ms. Ashcraft drafts premarital agreements and represents parties reviewing and negotiating such agreements.