San Francisco Prenuptial Agreement Lawyers

Serving People in Marin, San Mateo, Contra Costa, & Alameda Counties

Some couples ask, “Why sign a prenup?” A prenuptial agreement is designed to save litigation time and costs in the event of a divorce, LBGTQ dissolution, or registered domestic partnership dissolution. These agreements offer peace of mind, clarity, and security. They allow two people who are contemplating marriage or a registered domestic partnership to enter into a clear written agreement that controls how certain financial matters will be dealt with during marriage/partnership, upon death, and in the event of a divorce or dissolution. Knowing what to expect can strengthen the bonds and trust between parties in these legal relationships.

California law regarding premarital agreements is complex, and navigating the law requires experience and attention to detail. Prenuptial and domestic partnership agreements must meet certain requirements to be valid under California state law. At Van Voorhis & Sosna, we use precision, experience, and care to ensure these requirements are met.

Call now to schedule your free consultation with our experienced San Francisco premarital agreement lawyers and protect your financial future today. Contact us online or by phone (415) 539-0422.

Understanding the Benefits of a Prenuptial Agreement

A prenuptial agreement, often referred to as a prenup, is a legal document that outlines the division of assets, property, and financial responsibilities in the event of a divorce or separation. While it may not be the most romantic aspect of wedding planning, a prenup can provide numerous benefits and protections for both parties.

Some of the key benefits of a prenuptial agreement include:

• Clarity and certainty: A prenup can clearly outline each party's rights and responsibilities, reducing potential conflicts and misunderstandings in the future.
• Protection of assets: If one or both parties have significant assets or debts, a prenup can ensure that these are protected in the event of a divorce.
• Financial planning: A prenuptial agreement can address financial matters such as alimony, spousal support, and other financial arrangements, providing a sense of security for both parties.
• Preservation of family wealth: If one or both parties have family businesses or inheritances, a prenup can help protect these assets and ensure they remain within the family.

Our experienced San Francisco prenuptial agreement lawyers can guide you through the process of creating a prenup that meets your specific needs and concerns, providing peace of mind as you enter into marriage.

What Does a Prenuptial Agreement Do?

A prenuptial agreement will identify property brought into the marriage or partnership. It controls how income acquired during the marriage will be handled and manages separate properties. Prenuptial agreements also include provisions for the division of debt; division of real property, medical coverage, life insurance; and the payment of spousal support upon dissolution.

We regularly draft premarital agreements and domestic partnership agreements, bringing the necessary experience and knowledge to our clients' written agreements. Furthermore, we understand the sensitive nature of these negotiations, and we are skilled at protecting our clients' interests while still protecting the relationship.

Our San Francisco prenuptial agreement lawyers are committed to representing every client with integrity and dedication. We understand that you are trusting us to resolve your divorce or family law matter and treat you as if you were a member of our own family.

Legal Requirements for Prenuptial Agreements in California

For a prenuptial agreement to be enforceable in California, it must meet certain legal requirements. California law requires that prenuptial agreements be executed voluntarily by both parties, with full disclosure of assets, liabilities, and financial circumstances. Both parties must have the opportunity to consult with their own independent legal counsel, or waive this right in writing. Additionally, the prenuptial agreement must be in writing and signed by both parties before marriage.

California also requires that the agreement be fair and not unconscionable at the time it is executed. If a prenuptial agreement is found to be grossly unfair to one party, it may be deemed unenforceable by a court. For example, an agreement that leaves one spouse with no financial support while the other retains all assets may be considered unconscionable.

To ensure that your prenuptial agreement complies with California’s legal standards, it’s important to consult with a San Francisco premarital agreement lawyer who can guide you through the process and help avoid potential pitfalls.

The Process of Creating a Prenuptial Agreement

Creating a prenuptial agreement involves several steps, each of which requires careful consideration. Here’s an overview of the typical process:

• Initial Discussion: The first step in creating a prenuptial agreement is to discuss your financial situation and your goals with your spouse-to-be. It’s important to have an open and honest conversation about how you each envision your financial future together, including how assets, debts, and income will be managed.
• Full Financial Disclosure: Both parties must fully disclose their assets, debts, and other financial interests. This transparency is key to ensuring that the agreement is valid and enforceable.
• Negotiating Terms: Based on your discussions, you and your partner will negotiate the terms of the agreement. This includes how property will be divided, whether alimony will be paid, and other important financial considerations. Having legal counsel during this stage is critical to ensure that both parties’ interests are represented.
• Drafting the Agreement: After the terms have been agreed upon, a San Francisco premarital agreement lawyer will draft the agreement, ensuring that it is legally binding and complies with California law.
• Review and Signing: Both parties will review the final draft of the agreement and, if everything is in order, sign the document. Each party should have the opportunity to consult with independent legal counsel before signing to ensure that they fully understand the terms and implications of the agreement.
• Finalizing the Agreement: Once signed, the prenuptial agreement is legally binding. The document will be kept with the parties’ legal counsel or another trusted individual for safekeeping.

Why You Need a San Francisco Premarital Agreement Lawyer

The process of creating a prenuptial agreement can be complex, especially when there are significant assets, businesses, or children from prior marriages involved. A San Francisco prenuptial agreement attorney can help you navigate the legal requirements and ensure that the agreement is tailored to your needs. 

Here’s how a lawyer can assist:

• Provide guidance on what should be included in the agreement based on your unique circumstances.
• Help you negotiate fair and balanced terms with your spouse-to-be.
• Ensure full financial disclosure and prevent potential disputes later.
• Draft the agreement in compliance with California law to ensure enforceability.
• Advise you on any changes or modifications to the agreement in the future.

Reach out to a San Francisco prenuptial agreement attorney to discuss your needs in a complimentary phone consultation. Contact Van Voorhis & Sosna online or call us at (415) 539-0422.