San Diego Prenuptial Agreements Lawyer: Safeguard Your Future

San Diego Prenuptial Agreements Lawyer: Safeguard Your Future

Understanding Prenuptial Agreements

People generally enter into marriages with the mindset that they will stay married for the rest of their lives. However, many are aware that many marriages end in divorce, often leading to contentious disputes over property and assets and this happens daily in San Diego Family Law Court. Therefore, it is prudent for individuals contemplating marriage to consider entering into prenuptial agreements that establish their financial rights and obligations depending on their pre marital assets. If you have pre marital assets you wish to protect or were approached by your fiancé regarding executing a prenuptial agreement, it is essential to speak to an attorney as soon as possible to determine your options.  Whether you are doctor or lawyer or engineer or any other professional with pre marital assets, including business owners of course, a complimentary consultation up to 30 minutes will give legal advice that you can consider in whether or not to have a prenuptial prepared.

Why Choose Doppelt and Forney San Diego Divorce Lawyers?

At Doppelt and Forney San Diego Divorce Lawyers, we are experienced in prenuptial agreements.  We are dedicated to helping you protect your interests in a respectful and efficient manner. WE regularly assist people with family law matters in San Diego ensuring that your prenuptial agreement is tailored to your unique situation and complies with California law.

Prenuptial Agreements in California

California is a community property state, which means that any property acquired during the course of the marriage is presumed to belong equally to both spouses and may be divided equally in a divorce. However, California law allows individuals to override the community property assumption and delineate certain rights and obligations via prenuptial agreements.

Legal Requirements for Valid Prenuptial Agreements

Certain factors must be met for marital agreements to be valid and enforceable. In legal analysis for validity of a prenuptial agreement, Family Law Code Section 1615 lists when an agreement is unenforceable.  Attorney Forney considers this in the preparation of the prenuptial agreement and listed below for your reference:

Version effective 1/1/20; superseded version follows below]

(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following:

(1) That party did not execute the agreement voluntarily.

(2) The agreement was unconscionable when it was executed and, before execution of the agreement, all of the following applied to that party:

(A) That party was not provided a fair, reasonable, and full disclosure of the property or financial obligations of the other party.

(B) That party did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.

(C) That party did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(b) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

(c) For the purposes of subdivision (a), it shall be deemed that a premarital agreement was not executed voluntarily unless the court finds in writing or on the record all of the following:

(1) The party against whom enforcement is sought was represented by independent legal counsel at the time of signing the agreement or, after being advised to seek independent legal counsel, expressly waived, in a separate writing, representation by independent legal counsel. The advisement to seek independent legal counsel shall be made at least seven calendar days before the final agreement is signed.

(2) One of the following:

(A) For an agreement executed between January 1, 2002, and January 1, 2020, the party against whom enforcement is sought had not less than seven calendar days between the time that party was first presented with the final agreement and advised to seek independent legal counsel and the time the agreement was signed. This requirement does not apply to nonsubstantive amendments that do not change the terms of the agreement.

(B) For an agreement executed on or after January 1, 2020, the party against whom enforcement is sought had not less than seven calendar days between the time that party was first presented with the final agreement and the time the agreement was signed, regardless of whether the party is represented by legal counsel. This requirement does not apply to nonsubstantive amendments that do not change the terms of the agreement.

(3) The party against whom enforcement is sought, if unrepresented by legal counsel, was fully informed of the terms and basic effect of the agreement as well as the rights and obligations the party was giving up by signing the agreement, and was proficient in the language in which the explanation of the party’s rights was conducted and in which the agreement was written. The explanation of the rights and obligations relinquished shall be memorialized in writing and delivered to the party prior to signing the agreement. The unrepresented party shall, on or before the signing of the premarital agreement, execute a document declaring that the party received the information required by this paragraph and indicating who provided that information.

(4) The agreement and the writings executed pursuant to paragraphs (1) and (3) were not executed under duress, fraud, or undue influence, and the parties did not lack capacity to enter into the agreement.

(5) Any other factors the court deems relevant. (Am Stats 2019, C193)

Prenuptial agreements are essentially contracts that couples enter into before marriage, effective upon marriage. As this time, they are not in a fiduciary relationship but there are still many requirements.  If all requirements are not met, the Judge can find the prenuptial unenforceable.  Unlike other contracts, the parties do not need to exchange money or consideration for the agreement to be enforceable. If parties wish to change the terms of a prenuptial agreement after marriage, they must do so via a written amendment called a postnuptial agreement, which has a higher standard due to the fiduciary responsibilities when married.

Full Financial Disclosure Prior to Prenuptial Agreements

California law requires parties to provide full, fair, and reasonable disclosure of their financial obligations before executing prenuptial agreements. This means each party must provide their prospective spouse with a list of assets, including real estate, bank accounts, valuable art, investment funds, boats, and business interests, as well as debts, including mortgages, credit card statements, and loan statements. Being over-inclusive during disclosure can prevent potential issues in the future.

Enforcement of Prenuptial Agreements

Courts will not enforce prenuptial agreements that are invalid. An agreement may be deemed unenforceable if it was not executed properly, includes illegal provisions, or if a court finds it unconscionable or that a spouse did not enter into it voluntarily. The Court will consider factors such as whether the contesting spouse was represented by independent counsel, understood their obligations and rights before signing, the time elapsed between receiving and signing the agreement, and whether it was signed under duress, fraud, or undue influence.  This is a summary of the listing above and not comprehensive.  As you can see, the drafting of the prenuptial is focused to be enforceable.

Consult a Skilled San Diego Family Law Attorney

Prenuptial agreements are practical tools that help individuals protect their assets and avoid protracted litigation in the event of a divorce. If you are considering entering into a prenuptial agreement or have been approached by your future spouse about such a contract, it is wise to consult an attorney about your rights.

The skilled San Diego family law attorneys at Doppelt and Forney San Diego Divorce Lawyers are adept at handling the complex issues that often arise with marital agreements. If you engage our services, we will work diligently to help you seek your desired outcome. We regularly assist people with family law matters in San Diego and other cities in San Diego County.

Protect Your Assets with a San Diego Prenuptial Agreements Lawyer

Considering the complexities and potential challenges of prenuptial agreements, it’s essential to have experienced legal support. At Doppelt and Forney San Diego Divorce Lawyers, we provide comprehensive services to ensure your prenuptial agreement is thorough, enforceable, and tailored to your unique needs.

The Benefits of a Prenuptial Agreement

• Clarity and Security: Define financial rights and responsibilities clearly, avoiding future disputes.
• Asset Protection: Protect pre-marital assets, business interests, and inheritances.
• Peace of Mind: Enter marriage with mutual understanding and reduced financial concerns.  Also, you can discuss with the attorney about transmutation and commingling which can change the character of the asset from separate to community after marriage so you can avoid doing this.

How to Get Started

1. Consultation: Schedule a consultation with one of our experienced attorneys to discuss your needs and goals.
2. Drafting the Agreement: Our attorneys will draft a prenuptial agreement that meets California legal standards and addresses your specific concerns.
3. Review and Signing: We will ensure both parties have independent counsel review the agreement, providing ample time for consideration before signing.
4. Finalizing: Once all parties agree and sign, the prenuptial agreement becomes a legally binding document upon marriage.

Your Trusted San Diego Family Law Firm

At Doppelt and Forney San Diego Divorce Lawyers, we are committed to providing exceptional legal services to protect your interests. Our comprehensive understanding of family law and dedication to client satisfaction make us your trusted choice for prenuptial agreements in San Diego.  Our goal is to exceed your expectations for legal fees and legal services.

Contact us today to schedule your consultation. Let us help you navigate the complexities of prenuptial agreements and secure your future with confidence.

By working with Doppelt and Forney San Diego Divorce Lawyers, you can ensure that your prenuptial agreement is crafted with precision, safeguarding your assets and providing peace of mind as you enter into marriage. Our team is here to support you every step of the way, offering the legal expertise and personalized attention you deserve.

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