California
need advice
My wife and I have been married for over 5 years. We want to draw up a marriage contract. Can we do it now? When will it take effect?
You already have a
marriage contract!
It took
effect the moment the marriage vows were taken. (That is, unless you had your fingers crossed.) And in case you don't know, it expires on death or by court decree.
Now if its your mutual desire to enter into formal arrangements respecting the treatment of assets, yours or hers, current or future, such as a
post-nuptial agreement then consult with your respective
attorneys. Noting that I use the plural
attorneys advisedly. The reason being that one lawyer cannot or should not represent the two of you in such affairs..
Not only would it be highly unethical on the part of the lawyer playing both ends, but also it would render dubious of enforcement any agreements/commitments made on behalf of the wife without her having the benefit of independent legal counsel. (Same as with a
pre-nuptial agreement.) You could get by with one attorney as long as he or she was solely representing your wife and you were to acknowledge that fact in writing.
If these are your wishes, then please understand that it is not a do-it-yourself endeavor nor something that will charitably emerge via your laptop.
