Whether you’re engaged or married, it’s never too late to start thinking about protecting your assets and property.
You can accomplish that by creating a prenuptial agreement (prenup) or postnuptial agreement (postnup). A prenup is a great way to ensure that your divorce – should you ever get one – will unfold smoothly.
Since a prenuptial agreement is a contract, it’s important to make sure that yours is executed properly.
That’s where the skilled San Diego family law attorneys at the Sachdev Legal Group, APC can help.
We have decades of experience helping clients across San Diego County draft and execute prenups and postnups. We’ll work closely with you throughout the entire process, help you identify terms that are agreeable and fair, and work hard to protect your interests.
Give our San Diego, California law offices a call to learn more. We offer a free consultation, so don’t hesitate to contact us today.
What is a Prenuptial Agreement?
A prenuptial agreement is a formal written contract that dictates how a couple’s property and assets will be divided if the couple divorces or separates. This legally binding contract settles financial situations before they become an issue.
Among other things, a prenup typically:
- Lists all property that each person owns.
- Explains what property will be considered marital property, if any.
- Identifies all the debts that each person owes.
- Explains what that person’s rights will be after they’re married or in the event of a divorce, separation, or death of the spouse.
- Enables a spouse to waive his or her rights to the other person’s estate.
In the end, a prenup can help a couple avoid fights and arguments about property division after they decide to end their relationship.
What is a Postnuptial Agreement?
Frequently, couples decide to sign a similar agreement after marriage. This is called a postnuptial agreement. It is like a prenuptial agreement but it is signed after the couple is already married or bound by a civil union.
A postnuptial agreement defines matters including:
- The couple’s desires as to how they’d like their assets split up if one of them dies or if they divorce or become legally separated.
- How they’d like debts to be paid.
- How spousal support should be administered.
- Who gets what assets, real estate, or other property.
- How the couple would like their children’s inheritance to be protected if the individual dies during the marriage.
Again, a postnup helps to limit the number of financial matters and issues that might be contested during a divorce.
How Will a San Diego Family Law Attorney Help With My Prenup or Postnup?
If you’re considering a prenuptial or postnuptial agreement, it is strongly recommended that you enlist the services of a qualified attorney. At the Sachdev Legal Group, APC, our San Diego family law attorneys will work to ensure that:
- Any legal documents are written, signed by both partners, and notarized adequately per California state law.
- Assets are adequately divided so each person knows what constitutes marital property and what does not.
- Spousal support is adequately figured out. Note: This is especially important when one party gives up their career to stay home and care for the children and need spousal support after the legal separation or divorce.
- The couple divides their assets, property, and debts in accordance with California state community property law.
- Neither party was forced to sign the document, that both have read the agreement, understand the terms, and agree to the conditions in the document.
- The agreement is truthful and doesn’t contain any invalid provisions.
- Each party understands and agrees to the entire contract.
- Both individuals understand the legal ramifications of signing the agreement.
- The written document is valid.
- Both parties are aware of their legal rights and seek independent counsel for a final review.
When you contact our San Diego County law firm for help, you’ll benefit from a team of attorneys with extensive experience and a successful track record. Our clients trust us with the most sensitive legal and personal issues because they know that we work tirelessly to get them the results they need and deserve.
That’s why you can rest assured that we’ll do everything we can to protect your interests when you call us for help with your prenuptial or postnuptial agreement. Your first consultation is free, so there’s no risk in contact us to learn a little bit more about the benefits of drafting a prenup and how our legal team can help. Call to get started today.
What Can’t Be Included in a Prenup or Postnup?
In California, all prenuptial and postnuptial agreements must adhere to the requirements set forth in Family Law Code Section 1600, or the Uniform Premarital Agreement Act. Under the law, there are two major issues that cannot be addressed in a prenup or postnup.
- Child custody issues (whom the child will live with if you and your spouse separate or divorce).
- The amount a spouse will be required to pay in child support or alimony if the marriage ends.
Clauses concerning child custody, child support, or spousal support are unenforceable. Those issues must be decided as part of a divorce proceeding.
When and Why Do You Need a Prenup or Postnup?
Why would a couple decide that they want a prenuptial or postnuptial agreement? Here are two major reasons why.
Sidestep California’s Community Property Laws
Most couples obtain a prenuptial or postnuptial agreement to have better control in case of death, divorce, or legal separation. They consider these documents their “insurance policies.”
Many Californians want to protect their interests because California is a community property state. When a couple gets divorced, their assets are divided down the middle. Both spouses have an equal ownership interest in anything that’s classified as community property. Community property includes most anything that was obtained by either spouse during the course of the marriage – including income, wages, royalties, and even health benefits.
Most couples who don’t have a post or prenuptial agreement in place will most likely have to split their assets and property right down the middle. With a prenup, you get to dictate how property is allocated, even if that’s not equal.
Helping Business Owners Avoid Confusion
Postnuptial and prenuptial agreements are great for individuals who are involved in a family business, so there is no confusion about how the company will be run if the marriage is dissolved or if the owner dies. Both agreements help work out complicated finances, property, debts, and other obligations that many business owners face.
Let Our San Diego Prenuptial and Postnuptial Agreement Lawyers Help You
Creating your own pre or postnuptial agreement can be challenging. It can be even harder if you aren’t an attorney who is familiar with family law. The good news is that the family law attorneys at the Sachdev Legal Group, APC can help you create the documents that you need.
Our team will sit down with you and your spouse, create a list of your assets and debts, and help you devise a contract. We’ll work hard to make sure that the terms are something you’re both comfortable with and can agree on. That’s because, once signed, your prenup will be legally binding and override any legal rights you might have under California state law. Our goal is to make sure that you understand what you’re signing and that everything is done right.
Our San Diego attorneys have decades of experience helping families navigate the most complex family law issues. When you need help, we’ll be there for you, too. Give our law offices a call to schedule a free, no-obligation case assessment today. Our compassionate team would be happy to discuss your case and answer any questions that you might have.