Marital Agreements

Under California law, parties have tremendous freedom to contract with one another regarding the financial aspects of their premarital and marital relationships.  For example, spouses can contract out of the default community property system, change the character of community or separate property, and define or waive spousal support rights.

Our Marital Agreements attorneys, Jeff Jacobson, CFLS and Elizabeth Potter Scully, CFLS are experienced in working with you to effectuate enforceable, carefully tailored and creative agreements that articulate and accomplish your mutual goals, reducing the likelihood of future conflict.

Part of constructing a fair, clear enforceable agreement is the legally-mandated exchange of detailed financial disclosure statements.  Typically, we work closely with accountants in preparing and analyzing these disclosures.

Premarital and Marital Agreements can be complex and technical, and they take time to prepare properly.  It is crucial that both parties participate actively, feel heard, and have sufficient time to understand and consider an Agreement before committing to it.  We recommend that you consult and employ qualified family law counsel as early as possible to help navigate this process

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