Cupertino Prenuptial Agreement Lawyer

Cupertino Prenuptial Agreement Attorney

Marriage is a big decision, and it’s important to understand what a prenuptial agreement can do for you. It helps you protect your income and assets and enables you and your fiancé to have crucial discussions about your finances and the responsibilities that come with them. To create a reasonable, enforceable, and fair agreement, it is essential that you and your partner work with a Cupertino prenuptial agreement lawyer.

A prenuptial agreement does not signal an imminent divorce. Instead, it allows spouses to prepare for potential situations, such as divorce or death, and plan how their assets can benefit their children and loved ones. The support of an experienced attorney is essential to do this right.

Hire a Prenuptial Agreement Lawyer With the Law Offices of Rod Firoozye

A prenuptial agreement offers a couple the greatest benefits because both parties can discuss the terms and determine what is right for them, with an agreement tailored to their needs. This is most effectively done with an experienced attorney. At the Law Offices of Rod Firoozye, we can provide you with the legal guidance you need.

We have navigated many divorce and property division cases, so we understand how prenuptial agreements play out in a divorce case. This experience also includes familiarity with the Family Justice Center Courthouse in San Jose, where an agreement will be reviewed if enforcement is required.

Our firm has spent 21 years exclusively handling family law cases in Santa Clara County, and Rod Firoozye is a Certified Family Law Specialist. We have particular experience handling cases with high-value assets and other complex issues.

What Is a Prenuptial Agreement?

A prenuptial agreement is an official contract that fiancés can enter into prior to their marriage. It becomes enforceable once they are married. It can outline the rights and responsibilities of each party to the property.

Although prenuptial agreements were historically considered signs of a bad marriage, this is no longer the perception. A 2023 survey found that 41% to 47% of engaged or married individuals in the Millennial and Gen Z generations had signed a prenup. Prenuptial agreements help spouses determine important responsibilities, take control of their future, and protect themselves in circumstances like death or divorce.

No one expects their marriage to end in divorce, but it is important to plan for the future.

California Divorce Rate

The divorce rate in California was 5.9 per 1,000 women over 15, compared to a marriage rate of 15.8 per 1,000 women over 15 in 2022. During a divorce, a prenuptial agreement can help divide assets more effectively and in accordance with a couple’s wishes. Unfortunately, if the agreement is done incorrectly, it can be void. This is why it is important to hire a prenuptial agreement lawyer to create your plan.

What Can Be Included in a Prenuptial Agreement?

Prenups primarily deal with financial issues. A prenuptial agreement can address:

• Each partner’s rights and responsibilities to both the community and the separate assets and debts
• Each partner’s ability to buy, use, sell, exchange, lease, expend, or otherwise control property
• How property is distributed in the event of separation, divorce, death, or other events listed
• Whether a will or other estate planning document will be made to enforce parts of the prenuptial agreement
• What law governs the agreement
• Other matters partners wish to decide, including personal abilities and responsibilities, as long as those matters don’t violate a statute or public policy.

There are some things a prenup cannot do, such as prevent your children from their right to child support. If you and your partner want to agree to waive spousal support, you must have legal representation for this.

Prenups offer important protections, particularly in marriages where spouses have substantial financial assets. The median household income in Cupertino was nearly $199,800 according to the 2020 Census. This income can be significantly impacted by a divorce and the division of property. Safeguarding these assets is an important element of a prenuptial agreement.

FAQs

What Type of Lawyer Is Ideal for a Prenup?

The kind of lawyer that is ideal for a prenup is a family law attorney with experience in property division and marital agreements. This experience means they understand the legal specifics of a prenuptial agreement, as well as how it operates practically during property division in a divorce. This can help guide you and your partner in making a more effective prenuptial agreement.

Do Both Parties Need a Lawyer for a Prenup in California?

Neither party is required to have a lawyer for a prenup in California, but it is a good idea to get legal representation anyway. Couples can hire one lawyer to act as a mediator and provide legal advice, or each partner can have their own lawyer to protect their individual rights. What is right will depend on your relationship, your needs, and the specifics of your prenuptial agreement. An attorney can help determine what is right for your situation.

What Voids a Prenup in California?

There are several issues with a prenup that may void it in California. It cannot be enforceable if it is not in writing and signed by both partners. It also cannot be enforced if one spouse can prove they did not voluntarily agree to it, or that the agreement was unconscionable.

If the prenup includes a provision that negatively impacts a child’s right to support, or a provision about spousal support without legal representation, that provision or the entire prenup could be void.

Who Pays for a Prenup?

The fiancés who create a prenup will pay for the agreement. The costs of a prenup will vary depending on whether couples work with legal representation, the complexity of the agreement, and each partner’s assets. Lawyers may charge a flat fee or an hourly fee, depending on whether they are reviewing a prenup or helping you negotiate one. Fees are based on the attorney’s experience, location, and other factors.

Find the Right Cupertino Prenuptial Agreement Attorney

Establishing a prenuptial agreement can bring you peace of mind and certainty about the future. With the help of the team at the Law Offices of Rod Firoozye, you can feel confident in the agreement you have made and ensure that it meets your and your partner’s needs. Reach out to our firm today.