Prenuptial Agreement Attorney in San Diego
Lawyers for Pre- and Post-Marital Agreements in San Diego
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).
The Advantages of Premarital & 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.
- 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 to schedule a free consultation, or contact us online. Our firm's policy is to return every call or email within 1 business day, so you will hear from us as soon as possible. We look forward to helping you build your future with your spouse.
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We are committed to serving a diverse clientele, all the while protecting the interests and fulfilling the needs of clients.
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