Pre- & Post-Nuptial Agreements

Even before the marital relationship exists, a couple can make contractual agreements which allow them to treat their property and debts differently from the way our community property laws would treat them in absence of such agreements. For example, without a pre-nuptial agreement, the income of both spouses is treated as community property, whereas, with a pre-nuptial agreement, the parties can agree that a spouse may retain his or her income as separate property. Should a divorce occur, such agreements may greatly simplify the issues of property and debt division. Similarly, agreements may be made after marriage, which cause a spouse's property rights to be treated differently from how they would be treated under our community property laws. Because both pre- and post-nuptial agreements can make significant differences in how property is divided upon divorce, their validity is often challenged in court, so it is important that experts draft each such agreement. At McCurley Orsinger McCurley Nelson & Downing, L.L.P., we have considerable experience in drafting such documents and in defending their validity when challenged.