Prenuptial Agreement Lawyers in San Diego
Have Questions About Writing a Prenup? We Can Help.
You enter into a marriage with the hopes that it will last forever. Unfortunately, that is not always the case. While most people think of marriage as a romantic and religious union, it is also a contract that binds both spouses to certain terms and conditions regarding assets and debts.
Negotiating a prenuptial agreement establishes a marital contract on your own terms, and we highly recommend it. Call Huguenor Mattis, A.P.C., at (858) 458-9500 today for a free consultation about your unique situation. Thomas Huguenor is a San Diego family law attorney with 35 years of experience helping couples negotiate fair and valid contracts that establish property and financial issues at the start of a marriage, so that future conflicts may be avoided.
How Prenuptial Agreements Are Enforced in California
Under California state law, the Uniform Premarital Agreement Act (UPAA) governs the enforcement of written prenuptial agreements. Such an agreement can make provisions for the couple’s property, financial assets, and retirement funds, along with other issues that could have an impact on a marriage. However, a prenup cannot have a detrimental effect on a child’s right to support, nor does it supersede a court’s right to determine fair terms for child custody after a divorce.
A prenuptial agreement is legally considered a general contract. As such, it requires valid consent from both parties. If a person is determined to have been mentally unfit or under duress when signing an agreement, that voids the contract. Nor can the consent be the result of fraud or a mistake.
Other aspects of the law that apply to prenups include the following:
- If one spouse did not have full and complete information about the other spouse’s financial holdings, whether by intentional fraud or omission, at the time of signing the agreement, then it will not be enforceable.
- If both spouses did not each have at least seven days between receiving and signing the agreement, then it will not be enforceable.
- If each spouse did not have a separate attorney representing him/her prior to signing, except in a case where each spouse had the full information regarding the agreement in writing and knowingly waived the right to an attorney, then it will not be enforceable.
Even in cases when all of the above stipulations were met, if one spouse did not have an attorney representing him or her, then any provisions regarding the rights to future spousal support will not be enforceable.
Contrary to popular belief, "cheating clauses" are not valid in a prenuptial contract. Also, if one spouse makes considerably more money than the other, a contract cannot "unfairly" leave the non-wealthy spouse with nothing in the event of a divorce.
Assisting Couples with Their Prenuptial Agreement
Creating a prenuptial agreement allows you or your spouse to protect certain assets from being subject to division should you later get a divorce. By making agreements before marriage about how property should be divided and if it will remain separate, an expensive and litigious divorce may be avoided. Prenuptial agreements can also force a couple to discuss finances prior to marriage, helping the marriage begin on an honest and open note.
Our legal team at Huguenor Mattis, A.P.C., is knowledgeable regarding what terms can and cannot be dictated in a prenuptial agreement. Thomas Huguenor is a board-certified family law attorney who can help couples draft an agreement that is fair and will be upheld in court if it becomes necessary. We will sit down with you as a couple and mediate a discussion about your finances, make suggestions regarding fair agreements, and help address any concerns either you or your partner may have.
Huguenor Mattis, A.P.C., is experienced in helping couples peacefully work out even the most complicated financial matters. Contact our prenuptial and postnuptial agreement attorneys in San Diego for your free consultation today, either online or by telephone at (858) 458-9500.
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