FAMILY LAW - PRE-NUPTIAL AGREEMENTS

Ms. Feigen's firm belief in justice and equality leads her to fight for what is right in every union. This includes drafting fair pre-nuptial agreements, as well as guiding clients to settle their disputes over money, property - and children in the least acrimonious possible ways.

These agreements are often essential, especially if the parties were married or in a partnership prior to the one they are about to enter. If there are children from a former union, a pre-nuptual agreement can be crucially important. It is completely understandable that the parent would want to provide for the children from that earlier union. Without a “pre-nup” that might not happen. The law as written is clear that if a spouse or domestic partner dies without a will, the other partner or spouse takes the property of the deceased. The law may provide for minor children to inherit despite this, but the primary consideration that Ms. Feigen focuses her clients on is what exactly they want in the event of the dissolution of the union. If they don’t know, she asks them to think about it carefully. Of course, no one wants to anticipate a bad end of what now seems like the perfect relationship, but the statistics force us to take those blinders off. Writing down what you want in the event of the termination of the marriage or partnership should not hurt --- and, if it does, perhaps it is time to reconsider entering into that union.

Ms. Feigen’s clients include a couple, living in Australia, who wanted to be assured that when they move to California their pre-nuptial agreement will be binding. Others include a young couple who married and are living in New York, as well as couples who are domiciled in California. Several have been pre-nups for same-sex couples.