Prenuptial agreements (used interchangeably with premarital agreements) are contracts between two spouses prior to marriage which dictates the distribution of property if the marriage ends in a divorce or death of one spouse. Contrary to some belief, premarital agreements are not precursors to divorce nor are they meant to be used by wealthy spouses to take advantage of inexperienced less wealthy spouses. They are represent smart planning and a form of insurance that hopefully will never have to be used. With such alarmingly high rates of marriages ending in divorce these days, it is wise to consult with an experienced San Diego prenup lawyer prior to marriage.
Common Uses and Benefits That Prenup Lawyers Provide
As stated above, the prenup agreement is not meant to be used by one person wealthy to take advantage of his or her financially weaker partner. It is meant to give the potential spouses a chance to protect certain property interests, particularly in California which is a community property state It has many uses among all types of people and income brackets of persons contemplating marriage or domestic partnership, including:
- Defining separate property from community property in the event of divorce
- Protecting business interests
- Addressing issues involving children from a prior marriage
- Providing for spousal support for financially weak partners in the event of divorce
- Defining rights and interest to real property in the event of divorce (this is common where both spouses moves into the house that one spouse purchased prior to marriage)
Many spouses attempt to address issues involving child custody and child support in their prenuptial agreements. California law, however, prohibits this. As such, a premarital agreement cannot reduce either spouse’s obligation to pay child support if the marriage ends. San Diego prenup lawyer Steven Brian Davis has many years of experience in helping couples with premarital agreements. He can give your agreement the attention it deserves to make you feel more comfortable going into your marriage. Contact him here for a free, confidential consultation.
Requirements For A Prenup To Be Valid
As any experienced California divorce lawyer or family law attorney knows, A valid prenup under California law must have three basic requirements::
- Each spouse fully discloses their financial condition and income.
- Opportunity for each spouse to consult with independent legal counsel prior to signing the prenup
- Substantial fairness to each spouse at the time of agreement and divorce
If a premarital agreement is being enforced to your disadvantage, and one of these elements were not present, you may have a claim to render the prenup invalid. As you can see, there are many different issues that can arise with prenuptial agreements in California. While it may not be the most glamorous thing to do prior to sharing vows with a loved one, an experienced prenup lawyer such as Steven Brian Davis can give it the process personal touch it needs such that both partners are can feel completely comfortable heading into their new life together. Contact family law attorney Steven Brian Davis for a free consultation.
Call The Law Offices Of Steven Brian Davis today: (858) 451-1004