Premarital & Postmarital Agreements Your Divorce. Your Choices.


San Diego's Trusted Attorneys for Marital Agreements

Many people shy away from the idea of premarital agreements (prenuptial agreements) because they think the idea of a formal document stating terms about their marriage is unromantic, or even because it appears they are thinking ahead to divorce.

In actuality, premarital agreements can serve a wide variety of purposes that can strengthen a marital bond-primarily by ensuring everyone is on the same page about a plethora of different issues.

Premarital agreements do not necessarily need to be executed before a marriage takes place. Many of the same issues can be addressed and formalized in a post marital agreement (postnuptial agreement) once the marriage has taken place and a couple has settled into their new lives together. However, different laws and rules apply in the case of postnuptial agreements.

At Family Law San Diego, we can help you negotiate, draft, and finalize any type of premarital or postmarital agreement that is acceptable in California courts and in conformity with the Uniform Premarital Agreement Act (UPAA).

To learn more about our services, we encourage you to call us or contact us online to schedule an informative free consultation to discuss how our family law attorneys can help you.

Is a Prenuptial Agreement Right for You?

If you are considering marriage and have amassed considerable savings and property or have experienced a previous failed marriage, you may decide that a prenuptial agreement (referred to in the state of California as a “premarital agreement”) may be a good and necessary safety net for you. While most people do not enter a marriage expecting it to end, protecting yourself against the worst (and the unexpected) may be wise. You may want to get a prenuptial agreement if you are any of the following:

  • A homeowner

  • A business owner

  • A grandparent

  • A single parent

  • An established businessman or woman

If any of the above apply to you, a prenuptial agreement may be essential to protecting your dependents, your children, your business, and the wealth you have worked hard to build. In the event of divorce, you could lose or be required to share or split these with someone else. You should only create or sign a prenuptial agreement if it is in your personal best interest to do so, and you should proceed with caution when you are put under significant pressure to comply with the terms of an agreement that you have not been able to study in depth, discuss in detail with your partner, or go over with your own lawyer.

Be wary of signing a prenuptial agreement out of fear, as the consequences of a prenup can come back to haunt you if your marriage ends poorly. Our San Diego prenuptial agreement attorneys can help.

Benefits of Premarital and Postmarital Agreements

We can help couples formalize decisions about marriage, assets and life decisions before or after you get married. We understand that planning a wedding can be stressful. However, there are restrictions or time limits when it comes to forming these types of premarital agreements.

Key Considerations for Your Pre or Postnuptial Agreement:
  • The assets each party is bringing to the marriage
  • The separate property that you are entering into the marriage with that may not be subject to division later on in the event of a divorce
  • Property division. California is a community property state, however you may opt out of this property division law for certain assets in your postmarital agreement.
  • How you will raise children together
  • A statement of what state’s laws may be used to govern issues related to family affairs, such as child custody, child support, medical decisions, and property division
  • A waiver or cap of spousal support (alimony) in the event that the marriage ends

It is always important to write down and memorialize these types of decisions because memories of verbal conversations can fade over time. Specific requirements must be complied with to ensure the agreement is enforceable. Additionally, if one spouse should predecease the other, there will be a plan set into place about how to deal with their estate.

Premarital agreements are not limited to divorce, regardless of what you may have heard. They are helpful for bringing clarity to what is both an expression of love and a significant legal agreement during the marriage. This clarity may save you both a great deal of stress later on down the road, securing your future for years to come.

Planning for the future is a key part of our practice. We are here to help couples start their new lives together and protect their future by formalizing their concerns and wishes through a premarital agreement. Our lawyers are here to carefully listen to your concerns and draft a plan that meets these needs.

Call (619) 577-4900 for a Free Consultation on Marital Agreements


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