San Diego Prenuptial Agreement Lawyer

A prenuptial agreement in California sometimes referred to as a premarital agreement, is an agreement between two parties to be married to one another as to the parties’ rights and obligations in any of the property that either of the parties may acquire either jointly or separately before or during the marriage. You need a San Diego prenuptial lawyer to help you in this situation. Specifically, the prenuptial agreements allow the future spouses to agree on what will happen to that property in the event of separation or divorce, or in the case of death of one of the spouses. This property can include real estate, personal property such as vehicles and jewelry, a spouse’s incomes and earnings, retirement benefits and pension plans, and even future inheritances. A San Diego prenuptial agreement lawyer can offer prenuptial agreement services through the process of drafting, negotiating, and executing prenuptial agreements. We also help clients through the process of understanding, enforcing, or contesting a prenuptial agreement already in place.

Call us today to get started with a free consultation. Our experienced San Diego prenuptial agreement attorneys have a long track record of supporting clients like you.

Why Andy Cook Law?

If you’re looking for a prenuptial agreement lawyer in San Diego, it’s important to know that Andy Cook is a Certified Family Law Specialist (CFLS), which means he’s gone through special training and passed a rigorous exam to become a specialist in family law — recognized by the California Board of Legal Specialization. This certification means that Andy Cook isn’t your average family lawyer — he’s a highly qualified specialist in his field.

Working with a CFLS attorney can help you fully understand the legal ins and outs of a prenuptial agreement and can guide you through the entire process to make sure the agreement is fair and legally enforceable.

A CFLS attorney is also familiar with the latest changes in family law. This means Andy Cook Law can provide you with up-to-date legal advice that’s tailored to your situation, so whether you’re getting married for the first time or entering into a second marriage, we can help you create a prenuptial agreement that reflects your goals and protects your interests.

Proper Uses of Prenuptial Agreements in California

California law allows for parties entering into marriage to validly plan for a wide range of potential issues in the making of a prenuptial agreement, and thus a properly-executed prenuptial agreement can provide stability and security for those entering into marriage, knowing that their respective interests will be taken care of in the event of a dissolution of the marriage or death of one of the spouses.

The issues that can properly be settled via a prenuptial agreement include the determination of who will have rights in the property that the spouses either separately or jointly acquire, the rights of each party to manage and control their separate and marital property (i.e. whether one party can take out a mortgage on property without the other’s consent), the rights of each party to spousal support (or alimony as it sometimes referred) following a dissolution of the marriage, and any other matters, including the personal rights and obligations of the parties, not in violation of criminal law or public policy.

In order for a prenuptial agreement to be enforceable when a situation arises in which the property of spouses is divided among parties, the prenuptial agreement must comply with a number of requirements under California State Law. Some of these requirements are rather straightforward, such as the fact that the prenuptial agreement must be in writing and signed by both parties to the marriage. Others are more complicated, such as requirements that one or more of the parties to a prenuptial agreement be represented by independent counsel in certain circumstances, such as when a spouse’s rights to spousal support following the dissolution of a marriage are affected by the prenuptial agreement.

When will California Courts Refuse to Enforce Prenuptial Agreements?

As noted, California courts will refuse to enforce the terms of a prenuptial agreement in a number of scenarios. A common reason for a court’s rejection of a prenuptial agreement is that it doesn’t comply with the formal requirements for such an agreement under California, or that it contains provisions which are invalid under California law, e.g., a provision that violates California public policy. California law also requires that, for certain provisions of a prenuptial agreement, one or more of the parties to the agreement must have been represented by independent counsel in making the agreement, meaning that both spouses cannot have been represented by the same attorney in negotiating and drafting the prenuptial agreement. A California court may also refuse to enforce a provision of a prenuptial agreement where it determines that the provision is unconscionable, and the courts have latitude in determining what is and what is not unconscionable.

How a Prenuptial Agreement Can Benefit Your Marriage

A prenuptial agreement can actually help your marriage by setting expectations and encouraging open conversations about money before you get married. While it might feel awkward to bring up, talking about a prenuptial agreement can help you both feel more comfortable and secure in your relationship as it’s a chance to discuss how you’ll handle finances, debts, and assets in a clear way — so there are no surprises later on.

One of the biggest benefits of a prenuptial agreement is that it helps you both understand how money and property will be divided, whether during the marriage or if you ever divorce. This can help avoid stress and disagreements down the line, especially when it comes to finances, which can often be a source of tension in relationships. With a clear plan in place, you can focus more on building your life together and not worry about money issues.

A prenuptial agreement can also protect things that are important to you, like family inheritances or assets that you brought into the marriage. This is especially helpful if one partner has a business, a lot of wealth, or a special family property that they want to keep separate.

By planning ahead, a prenuptial agreement gives you both peace of mind as you’ll both know there’s a clear plan in place for the future.

Seek a San Diego Prenuptial Agreement Lawyer

When entering into a prenuptial agreement, you will want the security of knowing that the terms of the agreement are fair and that they will be honored by the court in the event of the end of a marriage; working with an experienced family law attorney can provide that security. If you have already entered into a prenuptial agreement, it is worth it to talk to a knowledgeable attorney who can explain what your rights are under the agreement and whether the agreement is likely to be enforced. The San Diego Prenuptial Agreement Lawyer at Andy Cook Law — a Certified Family Law Specialist — possess the knowledge, skills, and abilities necessary to provide you with the representation you need in this critical area. For advice and representation in negotiating, enforcing, or contesting a California prenuptial agreement, contact the Law Offices of Andy Cook in San Diego.

A prenuptial agreement sometimes referred to as a premarital agreement, is an agreement between two parties to be married to one another as to the parties’ rights and obligations in any of the property that either of the parties may acquire either jointly or separately before or during the marriage. Specifically, the prenuptial agreements allow the future spouses to agree on what will happen to that property in the event of separation or divorce, or in the case of death of one of the spouses. This property can include real estate, personal property such as vehicles and jewelry, a spouse’s incomes and earnings, retirement benefits and pension plans, and even future inheritances. A San Diego Prenuptial Agreement Lawyer can offer prenuptial agreement services through the process of drafting, negotiating, and executing prenuptial agreements. We also help clients through the process of understanding, enforcing, or contesting a prenuptial agreement already in place.

Call us today to get started with a free consultation. Our experienced prenuptial agreement attorney near you have a long track record of supporting clients like you.

California Prenuptial Agreement FAQ

Reach Out to a San Diego Prenuptial Agreement Law Firm

Contact Andy Cook Law today for help with a prenuptial agreement.