Los Altos Prenuptial Agreement Lawyer

Los Altos Prenuptial Agreement Attorney

The months leading up to a wedding are an exciting time. You’re likely anticipating a time of celebration. This is also the time to discuss prenuptial agreements with your future spouse. While these documents often get a bad rap, they aren’t an indicator of a weak relationship. Rather, they’re a safeguard to protect both parties and an important tool to prevent future conflict. A Los Altos prenuptial agreement lawyer can help you create a strong, enforceable prenup.

What Is a Prenup?

A prenuptial agreement is a legally binding contract that couples sign before marriage that defines how debts, assets, and financial responsibilities should be dealt with in the event of divorce, separation, or death. These agreements help couples plan ahead and reduce potential conflicts in the future.

It’s a common misconception that prenups mean a couple will get divorced. In fact, while divorce rates are declining from 20.5 divorces per 1,000 people in 2008 to 14.4 per 1,000 in 2023, the percentage of couples with prenups has increased, with 15% of couples having a prenuptial agreement in 2022 compared to just 3% in 2010.

What Prenups Can and Can’t Cover

California prenup laws set strict requirements on what prenups can and can’t cover. Knowing what you’re legally allowed to and barred from including in a prenuptial agreement is important for couples before they begin planning the document with each other and their attorneys. Terms that can be included are:

• Division of property and assets acquired before and during marriage
• Debt and liability allocations
• Alimony
• Estate planning or inheritance provisions

Prenups cannot include terms that are illegal or otherwise unenforceable. These items can include the following terms:

• Child custody or support
• Waivers of certain legal rights
• Criminal or illegal acts

When You Need a Prenuptial Agreement

A prenup can be a great tool for couples who want to protect their financial futures and avoid disputes that could arise later on. This document establishes clear terms and expectations about property, income, and responsibilities, which can ultimately reduce stress and conflict during marriage. Couples should consider a prenuptial agreement in certain situations.

• Significant individual or family wealth
• Ownership of a business
• Previous marriages or children
• Protection from debt
• Clarifying financial expectations

Even if a couple doesn’t have major assets to protect, they can still benefit from a prenup. Consult with an experienced attorney to help you decide if a prenup is right for you. Then, you can begin planning your document. Above all, a prenup should provide you and your partner with some peace of mind that you won’t have to worry about arguing over these issues down the road.

Choose the Law Offices of Rod Firoozye

If you want a Certified Family Law Specialist with decades of experience helping people like you create effective prenuptial agreements, you want the Law Offices of Rod Firoozye. We’ve been focused on complex family law cases since 2004, helping clients with prenups, divorces, child custody, and other legal issues. We understand how stressful and challenging these cases can be, and we strive to provide compassionate guidance every step of the way.

Prenuptial agreements don’t have to signal future conflict. Rather, they’re simply a tool used by many responsible couples as a safeguard against potential issues. We work with you and your spouse to create an agreement that’s fair for everyone and meets California’s strict standards.

FAQs

How Much Does It Cost for a Lawyer to Draft a Prenuptial Agreement?

It’s hard to say how much it costs for a lawyer to draft a prenuptial agreement, as the price varies on a case-by-case basis. For simple prenups that don’t include many assets, the cost is relatively cheap. However, for couples who have a lot of diverse assets with high values, you’ll likely have to pay more. Additionally, the experience of your attorney will factor into what you can expect to pay.

Does a Prenup Protect You 100%?

No, a prenup does not protect you 100%. First, prenups typically don’t offer protection when it comes to many assets gained during a marriage. Second, courts can void prenuptial agreements if they’re found to be particularly unfair, if they were signed under pressure, or if they lack full financial disclosure. Third, there are some terms that cannot be dictated by a prenup, such as child support and child custody.

Can I Just Write My Own Prenup?

While you technically can write your own prenuptial agreement, it’s not encouraged. California has strict laws when it comes to crafting a legally enforceable prenup. Under the Uniform Premarital Agreement Act, parties are required to have their own legal counsel, there’s a seven-day waiting period to sign the document, and there are strict asset disclosure rules. Failure to follow any provisions of this law means the document is unenforceable.

Can a Prenup Have Terms for Spousal Support in California?

Yes, a prenup can have terms for spousal support. While California does not allow these agreements to set terms for child support, alimony is another story. Keep in mind that while you are allowed to set terms for spousal support in a prenup, the court may review those terms during a divorce to determine whether they’re fair and reflect a couple’s situation.

A Los Altos prenuptial agreement attorney can help you create an enforceable agreement that covers spousal support.

Hire a Los Altos Prenuptial Agreement Lawyer

If you and your fiancé are considering a prenup, hire a prenuptial agreement lawyer to work with you to construct a legally enforceable document that’s fair for everyone. California has strict requirements for these agreements, and even simple mistakes could result in a prenup that doesn’t hold up in court.

Contact the Law Offices of Rod Firoozye today to schedule a consultation for your prenuptial agreement case. Our team can explain what it takes to create a legally enforceable agreement, discuss your goals, and work closely with you to create a fair document. Let our team help your marriage get off to a strong start.