Many people in San Diego have businesses, significant assets, or children to support. As a result, premarital agreements – also known as prenuptial agreements or "prenups" – have become a wise choice as couples enter a marriage.
A premarital agreement outlines the needs and expectations of each party and allows for couples to discuss financial matters before marriage.
It is wise to create a well-crafted and clearly defined premarital agreement in the event of an unforeseen future divorce, since prenuptial agreements help prevent what would otherwise be an expensive and litigious end to the marriage.
What Is a Prenuptial Agreement?
A prenuptial agreement or "prenup" is a contract that explains how assets will be distributed in the event of divorce or death.
These agreements vary widely but content commonly includes:
If you wish to sign a prenuptial agreement, our San Diego prenuptial agreement lawyers can take care of all the details on your behalf to ensure the agreement is comprehensive and personalized.
What are the Requirement for a Valid Prenuptial Agreement in California?
In the state of California, premarital agreements follow contract law formation principles and are required to be in writing and signed by both parties to be effective. Also, the contract must be made voluntarily and knowingly with full financial disclosure exchanged between both parties.
In addition to this, there is a mandatory seven day waiting period once you have received it before you can sign it. This period is meant to review all the terms and financial disclosures of the agreement.
How to Get a Prenup in San Diego County
- Decide if a prenuptial agreement is right for you – Do you and/or your partner have assets and/or property that you want to protect in the event of a divorce? If so, then a prenup may be right for you.
- Hire a prenup lawyer near you – Even for simple, straightforward prenups, it is important to have a San Diego prenuptial attorney review the documents and ensure that no important points were missed and no mistakes were made
- Discuss your assets with your fiancé(e), partner, or spouse – With your attorney's guidance, talk to your fiancé(e), partner, or spouse and decide what exactly will happen to all of your assets, properties, accounts, debts, and belongings in the event that your marriage ends.
- Draft your prenuptial agreement – Your prenup lawyer can then help you draft an airtight prenuptial agreement that outlines everything you and your fiancé(e), partner, or spouse agreed upon.
- Finalize the prenup – Your prenup must be it writing, voluntarily signed and dated by both parties, and notarized.
Be sure to make several copies of the final document, as well, for safekeeping.
The Importance of Premarital Agreements
Some people look upon premarital agreements as an expectation of failure, but this couldn’t be further from the truth. Premarital agreements are simple a way to protect the best interests of both spouses just in case things don’t work out as they had planned (that’s life, after all). Many couples prefer to take control of their own contingency arrangements without having to leave them in the hands of the government.
If you are getting married, you may want to consider creating and signing a premarital agreement in the following cases:
- You are significantly wealthier than your partner. Is your partner marrying you for you, or for your money? Signing a premarital agreement is a good way to find out.
- You earn significantly more income than your partner. In the event of a divorce, your spouse could receive up to half of the marital income. Signing a premarital agreement could help you keep more of what you have worked for.
- Your partner has a lot of debt. Signing a premarital agreement can protect you from being responsible for your partner’s debt in the event of a divorce.
- You are a business owner. If you own a business, your spouse could receive up to half of its value in a divorce. A premarital agreement can ensure that your spouse doesn’t end up becoming an unwanted business partner.
- You wish to protect your estate plan. A well-drafted premarital agreement can help you maintain control of your estate plan and keep certain assets within your family (rather than losing a treasured heirloom, for example, to your spouse during property division).
We Can Determine the Validity of a Prenuptial Agreement
Premarital agreements are often contested and litigation is required to determine the validity of the agreement. Our prenup attorneys in San Diego have extensive experience in drafting premarital agreements and help defend or invalidate premarital agreements. Our expansive knowledge of prenuptial agreements and our experience with contested prenups allows us to review your premarital agreement and the circumstances surrounding the creation of the agreement.
In doing so, our San Diego prenuptial agreement lawyers near you can advise you as to whether it will likely be upheld or invalidated in court. We can assist you in litigating the validity of the premarital agreement or assist you in drafting a post-nuptial agreement to protect your assets if there are doubts as to the validity of your premarital agreement during the marriage.
Have Questions? Contact a San Diego Prenuptial Attorney.
Prenuptial agreements are very complex and must be carefully drafted or defended by skilled San Diego prenup lawyers. Our skilled legal team is knowledgeable and understands how prenuptial agreements and postnuptial agreements work and how they are challenged in court.
Our San Diego prenup lawyers can put our more than 200 years of collective experience to work in drafting or defending your premarital agreement. If you are in need of a prenup lawyer, contact us today for the help you need.
Need to draft, contest, or defend a premarital agreement? Get a high-quality San Diego prenuptial agreement lawyer with years of experience on your side. Contact us today!
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