Reaching Premarital and Cohabitation Agreements
Premarital (or Prenuptial) Agreements are for couples contemplating entering into a legal marriage or registered domestic partnership with the State of California. Couples who do not plan to enter a legal relationship, but who plan to live together and have certain agreements about cash flow, shared expenses, and jointly owned property, can enter into a Cohabitation Agreement.
Premarital (“Prenuptial”) Agreements and Cohabitation Agreements can be negotiated through Mediation or through the Collaborative Process model. Creating such an agreement using Mediation or Collaborative Process means the couples are not put into the position of adversaries. Instead, the parties work together to create an agreement which meets the needs of each individual and feels equitable. Working together with full transparency creates a foundation of trust which establishes a roadmap for future positive communications about financial matters.
A mediated agreement entails the parties working with me as the neutral mediator. I educate my clients on California marital legal rights and obligations, and facilitate a discussion on whether a couple wishes to opt into the California legal norms or to opt out of them. The resulting agreement details the specific agreements each party wishes to have regarding their future property, cash flow, and debts.
For couples who prefer to have individualized legal advice, the Collaborative Process model offers this option. The parties and their individual attorneys, together with a neutral financial professional, form a “team” to co-create the eventual agreement. The Team facilitates the exchange of financial information and educates the parties on their legal rights and obligations. The agreement sets forth the specific terms regarding property, income, expenses, and debts.