Palo Alto Prenuptial Agreement Lawyer

Palo Alto Prenuptial Agreement Attorney

Marriage is generally intended to be a lifelong commitment built on love and respect. Unfortunately, it doesn’t always work out that way. It’s important to keep in mind that marriage is, ultimately, a contract between two people who are both of sound mind when they willingly enter into it. There are many different ways one can breach that contract. To protect yourself before marriage, you may want to speak with a Palo Alto prenuptial agreement lawyer.

The legal team at the Law Offices of Rod Firoozye understands how complicated a marital contract can be. Regardless, it is vital that you take the proper steps to protect yourself. Establishing a prenuptial agreement, also known as a prenup, before marriage may be the most effective way to ensure that your assets are protected in the event of a divorce. The last thing you want is to lose a significant amount of your assets because you failed to protect yourself in the beginning.

What Is a Prenuptial Agreement?

A prenuptial agreement is a legally binding contract entered into by both partners prior to marriage. It outlines the financial responsibilities of each partner in the event of a divorce. It is a reliable, effective way to keep your assets protected if your marriage ends one day. You can include many different elements and clauses that protect your assets. Clauses can even force one partner to relinquish their claims to their assets in the event of infidelity.

In Palo Alto, California, prenuptial agreements are governed by the California Uniform Premarital Agreement Act (UPAA), which requires that prenups be written, voluntary, signed by both parties, and notarized to be enforceable. Courts in Palo Alto carefully review these agreements to ensure they are fair and do not contain unconscionable or illegal terms.

Though the divorce rate in California is fairly low, according to the U.S. Census Bureau, it never hurts to be prepared. You may have heard horror stories about friends or family losing everything in a nasty, contested divorce. It’s understandable to want to take precautions to prevent yourself from being the next cautionary tale.

If you are struggling with your divorce, you may want to consider reaching out to a local divorce support group like DivorceCare. Talking about it can help.

Prenups can, unfortunately, cause serious strife between couples before marriage. Some partners may view the mere suggestion of a prenup as a lack of trust in the relationship. To many, a prenup may be a dealbreaker when it comes to marriage. Everyone has their breaking point, but you may want to consider reevaluating your relationship if your partner takes the suggestion of a prenup so personally. It may be a sign that they are marrying you for your money, not for love.

What Can Be Included in a Prenup?

A prenup is often tailor-made for the couple suggesting it. Every prenuptial agreement lawyer works their own way. Some lawyers draft every prenup from scratch, while others may build theirs from a template. Every couple is going to have unique requests for the parameters of their marriage that they need to have included in their prenup. Prenups tend to focus on the financial assets of marriage but can also include personal requests. Here are some typical inclusions:

• Asset division: A standard prenuptial agreement will almost always include an agreement on how to divide marital assets in a divorce. Having this in place makes a potential divorce go a lot smoother since there is no longer any need to argue about asset division terms. This is generally included when one partner is far wealthier than the other and a plan for dividing community property is needed.
• Alimony: Another common element in a prenuptial agreement is a plan for alimony. Your prenup can list which spouse would receive alimony in a divorce and how much they would receive. You can include certain stipulations that might prevent a spouse from receiving alimony at all, such as if they are unfaithful to you.

A prenuptial agreement is a vital tool for protecting your assets and outlining terms for alimony and asset division in case of divorce. Working with an experienced Palo Alto Prenup attorney ensures your agreement is customized to your unique situation and legally enforceable. At the Law Offices of Rod Firoozye, our skilled Palo Alto Prenup attorney team is dedicated to crafting clear, comprehensive prenups that safeguard your future. Contact us today to schedule a consultation and get expert guidance tailored to your needs.

FAQs

Q: How Much Does It Cost to Have a Lawyer Write a Prenup?

A: There is no telling how much it might cost to have a lawyer write you a prenup. Every prenuptial agreement is different and contains details specific to the marriage it pertains to. Each prenuptial agreement lawyer will charge you differently depending on their own time, the complexities of your agreement, and your lawyer’s own experience, education, and resources. Your partner will likely have their own lawyer look through the prenup as well.

Q: Do You Need a Lawyer for a Prenup in California?

A: Technically, you are not required to hire a lawyer to draft a prenup in California. However, it is highly recommended that you hire one anyway to be thorough. A lawyer’s involvement ensures that the prenup is fair, developed voluntarily, and legally enforceable. If you fail to include certain elements or meet certain criteria, your prenup could be rendered null and void. Having the right lawyer by your side can make all the difference.

Q: What Is the Loophole in a Prenup?

A: When you hire a lawyer to draft a prenup, the document should be safeguarded against loopholes that can be exploited by your partner in the event of a divorce. Generally, it is difficult to circumvent a prenup if it has been signed voluntarily by the other party. Under certain circumstances, a prenup can be challenged, but that’s not a guarantee it can ever be voided. Have your lawyer look through it to ensure your bases are covered.

Q: Do I Really Need a Lawyer for My Divorce?

A: While you are not required to hire a lawyer for your divorce, it is highly recommended that you do so anyway. You don’t want to end up being taken advantage of by your spouse’s legal team because you are representing yourself in a difficult legal battle. A good lawyer can take charge of your case, represent your interests thoroughly, and ensure your rights are always protected.

Reach Out to a Prenuptial Agreement Lawyer Today

Getting a prenuptial agreement drafted may not be as easy as you expect. There are many different elements of a prenup that need to be done in a particular way. Going about it alone can be a difficult experience. You may want to consider hiring an experienced prenuptial agreement lawyer to help you make sure everything goes the way you want it to.

The legal team at the Law Offices of Rod Firoozye can help you draft a strong prenuptial agreement, allowing you to get married without much financial worry. Contact us to speak to a valued team member about all we can do for you.