Get the Peace of Mind That Comes With Prenuptial Agreements
Entering into a marriage is a life-changing decision. As you choose to move forward together, dedicating the rest of your lives to each other, a prenuptial agreement can give you peace of mind that your assets are protected.
At Kaspar & Lugay, LLP, we guide our clients through the prenuptial process to help them protect their interests, assets and have meaningful discussions about their expectations for the relationship.
We also represent clients in divorces in which prenuptial agreements are at issue. Our team of experienced attorneys has in-depth knowledge of how prenuptial agreements work in California. We leverage this knowledge to protect your interests throughout the divorce process.
The Law on Prenuptial Agreements in California
Since the 1980s, the Uniform Prenuptial Agreement Act (UPAA) has applied to California prenuptial agreements. The Act pertains to prenuptial agreements (also called “premarital agreements” or “prenups”) for couples marrying in our state.
Under the Act, couples can stipulate financial matters and protect property. However, they cannot stipulate child custody or child support matters. For example, you couldn’t use your prenup to agree that you would never have to pay child support or that courts couldn’t have a say on child custody and visitation in the event of a divorce.
Entering Into a Prenuptial Agreement
The UPAA lists several requirements that must be met for a prenuptial agreement to be valid and enforceable in California family law courts. Prenuptial agreements can only be enforced if the spouse:
- Received complete information about all of the other spouse’s property and finances before entering into the prenuptial agreement. If you failed to disclose a major source of income and asked your spouse to sign, your spouse may still be entitled to it. You must be honest.
- Had at least seven days to review the prenuptial agreement before signing it. This helps ensure the spouse could get their own attorney to review it and that they didn’t feel pressured into signing.
- Was represented by their own attorney. Even though you and your spouse are entering into a marriage together, and even though you will be sharing many things, you should be independently represented on this legal matter. You need your own attorney who is looking out for your interests without any conflict: someone who is 100% in your corner. However, it is possible to waive the requirement in writing, if you choose.
Prenuptial Agreements in California Divorces
As experienced divorce lawyers, we often handle divorces in which prenuptial agreements are an issue. Especially in high-asset divorces involving complex property and businesses, prenups can be disputed.
In situations in which a party was coerced or forced into signing a prenup, in situations where assets were not disclosed, or in marriages where other complex issues were present, courts may refuse to enforce a prenuptial agreement when dividing property.
Because of the complex nature of these matters, it is best to talk with our attorneys about your situation and options. Kaspar & Lugay, LLP, is the right choice to protect your assets.
Call Kaspar & Lugay, LLP, to Talk About a Prenup
To talk with one of our attorneys about your prenuptial agreement, call Kaspar & Lugay, LLP, at 415-650-1322. Our legal support team is available 24 hours a day, seven days a week. You can also send us a message to arrange a confidential consultation.