When love meets the law: Why premarital and postmarital agreements matter more than ever

WESTLAKE VILLAGE, California – In an era where personal relationships and financial lives are increasingly complex, attorney Richard F. Sperling urges couples to think ahead when it comes to protecting their assets and intentions through thoughtfully crafted premarital and post-marital agreements.

Sperling, a seasoned family law attorney and mediator based in Westlake Village, has seen
first-hand how misunderstandings, lack of adequate legal counsel and even a simple failure to double-check a document can have lasting consequences. A high-profile case he wrote about for the San Fernando Valley Bar Association, Estate of Eskra, highlights the stakes.

In that case, a bride-to-be intended that a premarital agreement would leave her a residence in the event her husband died. Due to confusion and lack of last-minute legal oversight, she mistakenly signed a version that waived her rights to her husband’s estate. When he passed away due to a freak work accident just three years into their marriage, the bride discovered she had no legal claim to her husband’s assets. In effect, she signed the wrong premarital agreement draft, and the court enforced the draft she signed.

“It’s a cautionary tale,” said Sperling. “Too often, people forego using a premarital agreement, or they fail to read them with their attorney before signing. Premarital agreements are enforceable, and as this case shows, signing the wrong draft can have serious consequences.”

According to Sperling, premarital and post-marital agreements are not just for the wealthy or for celebrities. They are essential tools for any couple looking to establish clarity around finances, property and legal rights, and spousal support obligations, should the marriage not succeed. These agreements can protect family inheritances, address business interests and ensure fair
expectations in case the relationship ends, whether that’s due to divorce or death.

California law sets strict guidelines for premarital and post-marital agreements and their
enforceability. Parties must be given enough time to review the agreement, ideally have independent counsel, and must not be coerced or misled. However, as the Eskra case shows, even minor oversights like not reading the final version or skipping a legal review can render well-intentioned plans
unenforceable.

At Sperling’s family law firm, clients receive experienced, compassionate guidance to navigate these sensitive conversations. The firm emphasizes transparency, legal accuracy, and thoughtful communication throughout the process.

“We’re not just protecting assets,” said Sperling. “We’re helping couples create agreements that reflect mutual respect and trust — essential values for any lasting partnership.”

---To learn more about creating a premarital or postmarital agreement that works for your relationship and legal needs, call 818.991.0345, email SperlingLaw@hotmail.com, or visit www.sperlingfamilylaw.com