editorial ABOUT our family law agreement drafting practice APPLICABLE TO THE STATE OF california
Tristan teGroen Drafts Family Law Agreements
I have twenty-three years of experience in family law as an licensed attorney in California and make myself available as a drafter of family law agreements, including settlement agreements, prenuptial agreements, marital agreements, custody agreements, parenting plans, support agreements and property division agreements, including retirement division agreements, sometimes referred to as QDROs and DROs.
What Does Drafting an Agreement Entail?
Depending on what the goal is, an agreement is often the simplest way to finalize a matter. The matter may be a divorce case, premarital terms, divorce, parentage, separation or property division. Some agreements may be recorded; others may be filed with the court in which case the terms of the agreement might merge into a decree and become orders of the court. Typically the agreement is a result of a negotiation, settlement or mediation.What is a Premarital Agreement
Prior to marriage parties can negotiate terms which apply after marriage and regulate characterization of assets or debts, tax filing, spousal support, and other terms. Perhaps the most common goal of a prenuptial agreement is to preclude the creation of community property or to affirm which assets might never become community property. California has a comprehensive statute dealing with the creation of premarital agreements which is found in FC 1600 and further.
Marital Agreements are Made During Marriage
Parties can enter into agreements during a marriage - even when the break-down of the relationship is not looming. Parties might want to address issues that could have been addressed in a premarital agreement. Typically issues may have arisen with respect to assets, debts, inheritance or some issue where written consensus creates desired security. Not all marital agreements transmute property, but if the agreements does, it should comply with FC 850 through FC 853.
Settlement Agreements
A settlement agreement addresses all outstanding issues in a domestic case be it parentage, marriage, separation or otherwise. This would include terms of division of assets, debts, support and parenting. Settlement agreements when forming the Judgment in a case, become court orders and the contractual terms typically merge into the Judgment. A marital settlement agreement is commonly referred to as a 'msa.'
QDROs DROs COAPs and Others...
Complex agreements divide interests in retirement plans. These agreements are typically signed by the parties and presented to the court and then transmitted to the administrator of a plan. The plans acts on the agreement which is now a court order and takes from the participant a share of the plan and transfers that to the alternate payee. Orders such as these are required by most plans.
Choosing Our Office for Drafting Agreements
Our office provides family law drafting services to parties in all courts in the State of California. Tristan teGroen charges hourly for drafting services and a retainer for a case would usually be estimated based on the number of hours of work anticipated. November 2023. t