Walnut Creek Prenup Attorneys

Divorce & Family Law Firm

Contact Information

415-366-1899

8a - 6p | M - F Appointment | S - S

1990 N California Blvd, 8th Floor Walnut Creek, CA 94596

Contra Costa County Lawyers Handling Prenuptial and Postnuptial Agreements

In the lead-up to marriage, most couples understandably think about all the happy times they will spend together. They may not allow themselves to consider the possibility that one day the marriage will end in divorce, despite the statistics showing that roughly half of marriages end this way. As a result, couples often find themselves in unexpected divorce battles that quickly prove costly, both emotionally and financially.

Walnut Creek couples can be proactive in planning for an eventual divorce if they can bring themselves to have some uncomfortable conversations. The goal of these conversations is to create a contract called a marital agreement. It will be called a prenuptial agreement if reached prior to the marriage or a postnuptial agreement if reached during the marriage.

At Kaspar & Lugay, LLP, we are well versed in helping Walnut Creek and Contra Costa County couples negotiate and formalize marital agreements. Our lawyers understand the challenges that arise when a couple is trying to build a long-lasting relationship while at the same time contemplating how things should be handled if the marriage breaks down. It is a difficult emotional situation, but clients trust us to guide them through it.

Prenuptial Agreement Basics

A prenuptial agreement is a contract entered into by the spouses describing what should happen to the couple’s assets and debts if they get divorced in the future. The contract is written prior to the marriage and becomes effective when the marriage takes place. To be valid, the prenuptial agreement must follow the rules and requirements of California’s Uniform Premarital Agreements Act (UPAA).

Requirements to Create a Valid Prenuptial Agreement

Under the UPAA, a valid prenup requires:

  • A written contract (no verbal agreements allowed)
  • All terms in the contract are lawful
  • Full, reasonable and fair disclosure of each party’s assets and debts
  • Signatures of both parties
  • Signed voluntarily (not under duress or coercion)
  • Signed by a notary
  • At least seven days must pass between the time the spouse was presented the final agreement and the time he/she signed it.

Parties are not technically required to have lawyers draw up their prenup. However, for all practical purposes, courts are very skeptical of prenups that did not involve lawyers. There is simply too much at stake to allow unrepresented people to enter into these contracts without the advice of counsel. So, prenups that did not involve lawyers are very likely to be ruled unenforceable in court.

What Can and Cannot Be Included in a Prenuptial Agreement Under the UPAA?

In California, a prenup can cover any type of property. “Property” is broadly defined and includes items such as bank accounts, insurance, retirement accounts, business assets, real estate, income, debts, investments and other financial assets, as well as debts.

A prenuptial agreement cannot include:

  • Child custody or child support
  • Spousal support, unless the spouse had independent legal counsel before signing
  • Provisions that would require a spouse to do something illegal
  • Unfair, unjust, or deceptive terms
  • Terms that could be interpreted as encouraging divorce
  • Terms that require a spouse to behave a certain way during the relationship

Postnuptial Agreement Basics

A postnuptial agreement serves the same purpose as a prenup, only the postnup is entered into after the marriage. Like a prenup, a postnup can be used to outline how the couple’s income, assets and debts are to be divided should they ever get divorced.

Perhaps the most important distinction between prenups and postnups is that prenups are presumed to be valid while postnups are presumed invalid. In other words, courts will not enforce a postnuptial agreement unless every “t” is crossed and every “I” is dotted correctly. One reason courts heavily scrutinize postnuptial agreements is that these agreements have often been thought to encourage divorce by making it easier for spouses to give up on the marriage, take their property, and leave.

A valid postnup must meet all the same requirements as valid prenup (written, signed and notarized, fair, voluntary, equitable, and full disclosure). And, it is highly likely that the postnup will only be found enforceable if both parties were represented by independent counsel. Finally, postnuptial agreements cannot be used to determine child custody or child support.

More Information

We encourage you to read our prenuptial agreement and postnuptial agreement pages for more details on creating, enforcing and challenging these very important documents.

Contact Our Walnut Creek Lawyers with Your Prenuptial or Postnuptial Agreement Questions

If you are interested in exploring a prenuptial or postnuptial agreement, the family lawyers of Kaspar & Lugay, LLP are here to explain things in detail, provide advice and draft documents. If you already have an agreement and need to prove or challenge its validity, we can do that, too. Start the conversation by calling us at 925-660-7627 or contact our Walnut Creek office online any time.

Walnut Creek Courthouse Location

The local courthouse is where you’ll need to go for any in-court hearings. The Walnut Creek courthouse is located at Walnut Creek Superior Court, 640 Ygnacio Valley Rd, Walnut Creek, CA 94596. It is open Monday through Friday, excluding court holidays, from 8 AM to 5 PM. The clerk’s windows are open from 8 AM to 4 PM daily.

Contra Costa County Family Law Court

Address

3501 Civic Center Dr, San Rafael, CA 94903

Phone

Hours

Local Places to See

The picturesque city of Corte Madera is home to plenty of activities and fun things to do. You’ll want to make sure you look into Corte Madera by the Bay for biking, tree swings, ice cream and more. If you’re ready for an adventure, head on the ferry to Angel Island to have a picnic, go biking, or take a hike.

You can also have a fun night out on the town at any of the amazing restaurants in the area. The weather is beautiful year-round, so it’s always a great time to set off on an amazing adventure and leave the worries of your divorce behind for a little bit.

Do not hesitate to seek legal assistance if you’re considering a divorce, need help with a divorce you’ve already filed, or if you’ve finalized the divorce and need further legal assistance. The law office of Kaspar & Lugay in Corte Madera is going to provide all of the assistance you need before, during and after your divorce. Visit the law office or give them a call today to set up a consultation and discuss your situation with a lawyer.

More About the Town of Walnut Creek

Walnut Creek Information

Located in sunny California, Walnut Creek is an amazing city with plenty to see and do. The Ruth Bancroft Garden showcases hundreds of different cacti and succulents. Lindsay Wildlife experience displaces native California wildlife and offers a wide variety of educational classes and tours to teach you about the wildlife in California.

If you’re looking for a spot to relax after dealing with the stress of family law issues, the Lesher Center for the Arts has three theaters with several entertainment choices to pick from. Check out the Walnut Creek Model Railroad Society to view thousands of feet of model train tracks to see an amazing display of craftsmanship.

If you need any kind of family law assistance, the Law Office of Kaspar & Lugay in Walnut Creek can provide the help you need. They are ready to talk to you about your unique situation and help you find the answers you need. Visit the law office in person or give them a call today to set up a time to speak with a lawyer about your circumstances and the options you might have.

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Kaspar & Lugay, LLP is a family law firm with offices in Corte Madera, CA; Napa, CA; Walnut Creek, CA; and San Diego, CA. We also represent clients in San Francisco, Oakland, Sacramento, Pismo Beach, Contra Costa County, and Los Angeles.