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Prenuptial & Cohabitation Agreements

San Jose Prenuptial Agreement Lawyer

San Jose and Los Gatos Premarital Agreements Attorney

Premarital agreements must be drafted carefully and in compliance with the Uniform Premarital Agreement Act. Failure to follow specific requirements, such as allowing both parties to seek separate counsel or fully disclosing assets and debts, could result in the court throwing out your prenuptial agreement, should it ever be needed in divorce.

At The Law Office of Patricia M. McKinnie, we have the experience necessary to assist clients in creating solid prenuptial and cohabitation agreements. Our San Jose prenuptial agreement attorneys negotiate, draft, review, and contest prenuptial, postnuptial, and cohabitation agreements for clients throughout Santa Clara County.

A prenuptial agreement can address many important issues, such as:

  • Child custody, visitation and support agreements, in some instances
  • Separate property interests of each party
  • How property division will be handled in the event of divorce
  • Responsibility for debts and other obligations
  • If either party will be entitled to alimony/spousal support, or if it will be waived
  • Other issues that are important to either party, such as ownership of a pet

While a premarital agreement can streamline many family law issues in the event of divorce, separation, or death of one partner, it can only address child custody or child support obligations under specific circumstances.

Is a Cohabitation Agreement Necessary When Living With a Partner?

Many people mistakenly believe that if they are living with a partner, that they don't need to proactively protect their interests. However, this is important regardless of the amount of time you have been living with your partner. A cohabitation agreement can protect the property interests of unmarried partners as well as address many of the same legal needs as a prenuptial agreement would.

Did you know?

  • You can protect the inheritance rights of children from prior relationships with a carefully drawn out prenuptial agreement.
  • If you want to do most of the legal work in creating your prenuptial agreement, you can ensure your interests are fully protected by having the agreement reviewed by a knowledgeable attorney. Our law firm offers limited-scope family law representation to address these types of needs and help clients keep legal fees down.

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Myth: You don't need a prenuptial agreement unless you're Donald Trump.

Fact: If you own a house, a dog, jewelry or any other property that is important to you, or you have very different financial lifestyles, you should strongly consider a prenuptial or premarital agreement. It doesn't have to be a long, drawn-out contract, but it should be in writing. Many people who have gone through a divorce choose to have a prenuptial agreement the next time they marry.

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Free Consultation: San Jose prenuptial agreement lawyer Patricia M. McKinnie offers a free 30-minute initial consultation to discuss your family law matter. Call (408) 297-2922 or complete our family law case evaluation form.

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