Prenuptial & Postnuptial Agreements

As a special service to our estate planning clients, the attorneys at Temmerman, Cilley & Kohlmann, LLP offer to prepare prenuptial and postnuptial agreements.  Some clients who have gone through a divorce or whose spouse has died, particularly when the client has children by the first marriage, wish to keep their property entirely separate from their new spouse when they remarry, often because they wish to pass that property to their children and not to their new spouse in the event of their death.  In other cases, a client has accumulated a substantial amount of wealth before marriage and may want to ensure that in the event of the client's death some or all of this wealth will stay within the client's birth family line, or is distributed to a charity that is important to the client, rather than being shared with a new spouse.  A prenuptial agreement (often called a premarital agreement) can help to ensure that the client's estate plan will work as intended on the client's death, with a large portion or all of the client's assets being distributed to charity or to individuals other than the client's spouse. 

Sometimes a client who is already married will explain to us that the client wants the bulk of his or her assets to be distributed to someone other than the spouse on the client's death.  If we discover that the client has commingled assets with the spouse, sometimes even the best estate plan cannot ensure that on the client's death these assets will be distributed to someone other than the spouse.  In that case we may prepare a postnuptial (or postmarital) agreement for the client to ensure that his or her estate planning documents will have the intended effect. 

Most of the time, clients who plan to marry or are already married desire to provide primarily for their spouse in their estate plans, thus there is no need for a prenuptial or postnuptial agreement.  However, in those cases where a married (or soon to be married) client wishes to provide primarily for someone other than the spouse or for charity, a prenup or postnup may be an essential part of the client's estate plan.  Having these documents prepared by the same law firm that is preparing your estate planning documents can provide a huge benefit to your overall estate. 

We welcome your inquiry regarding our estate planning services.  For further information, or to schedule a consultation with a San Jose estate planning lawyer, contact Temmerman, Cilley & Kohlmann, LLP.  Our San Jose law firm represents clients in Santa Clara, San Mateo, Alameda, Santa Cruz, Monterey, and San Francsico counties.