San Diego Prenup Attorney
If you are planning on getting married, you and your future spouse may want to at least consider signing a prenuptial agreement, which can protect your interests in the event of a divorce. Even if you do not think such a document is the right fit for you, discussing it will at least get you thinking about the effect your marriage will have on your finances.
We can help you decide if a prenuptial agreement is the right fit for you and can draft and negotiate one on your behalf.
A Prenuptial Agreement Can Protect Your Assets and Minimize In Advance the Costs and Acrimony of a Potential Breakup
We are no strangers to sudden wealth here in San Diego, California, whether it is in entertainment, technology, telecommunications, or real estate. It is important that you think about how this money is classified before you get married to prevent lengthy disputes in the event of a divorce. It is not that couples who enter into premarriage or “prenuptial” agreements are predicting dissolution. Rather, before any disagreement arises, they wish to state their intentions clearly and to create a mutually acceptable framework that assures a level of predictability.
How Much Does a Prenup Cost?
The cost of a prenuptial is a frequently asked question. The prenup cost in California varies wildly from firm to firm but offer a unique flat-fee prenup drafting service that makes the cost of a prenup affordable and worry free. Our clients do not pay hourly fees for our prenuptial attorney to draft the agreement. The cost for our prenup attorney to write your agreement is $3,950, which is a flat rate option.
How much is a prenup review lawyer?
A prenup review lawyer typically costs less than $2,000. A prenup lawyer helps clients by reviewing and explaining a prenuptial agreement. They make sure the client understands how the agreement will affect them if they get divorced in the future. This role entails offering advice about how the agreement can be edited to protect and safeguard the client.
Scott Levin is often hired by clients as a reviewing prenuptial agreement attorney. His fees are significantly lower than the cost for the attorney drafting the agreement.
Understanding Prenuptial Agreements in California
Divorce comes with a lot of unknowns, but one certainty is that your financial future is on the line. No one enters a marriage thinking that it will end, but the facts are the facts, and many do.
While some people consider prenuptial agreements as a way for married couples to hedge their bets or for the wealthier partner to shield their assets, more and more couples are realizing that a prenup can be the foundation of a strong marriage and a secure future.
If you have questions or concerns about a prenuptial agreement, turn to an experienced California prenuptial agreement attorney for the skilled guidance you’re looking for.
The Purpose of a Premarital Agreement
Marriage is a contract, and divorce is the dissolution of that contract – and it comes with a lot of question marks about each of the following topics:
- Separate property vs. community property
- The division of community property
- Alimony
Each of these is a primary financial concern. Even though California is a community property state that divides all marital property equally, the line between separate and marital property can be sticky, and there are a wide range of competing variables that can play a role.
A legally binding prenuptial agreement is a contract in its own right – a contract that answers these questions and that outlines what a divorce would look like for the couple in question. In other words, a prenuptial agreement provides a peek at what’s on the other side of divorce, which can inspire couples to focus their efforts on maintaining their marriages.
How to Mediate a Prenup Agreement?
As experienced family law attorneys and trained mediators, we believe that couples are always better off by jointly determining their relationship circumstances through premarital agreements rather than having outcomes imposed on them by strangers, after the fact. Many clients report that having a clear understanding of their rights and obligations through these agreements reduces any anxiety and enhances the health of the marriage. Clients opt for these agreements for a variety of reasons: many have suffered through an earlier dissolution, have children to protect, or have been affected by the shadow of someone else’s high conflict divorce. They wish to minimize in advance the costs and acrimony of any potential breakup and to secure basic rights and protections. We can help you develop a prenuptial agreement with your future spouse that accomplishes all of the objectives.
Unfortunately, most of the time prenuptial agreements are not collaboratively reached, and that’s a problem. Typically, one party hires a lawyer to draft the proposal, and the second party reviews it with their counsel, so the parties don’t discuss or evaluate their interests in a safe facilitating environment. As mediators, we believe that parties are best served by developing mediated premarital agreements that allow parties to openly discuss the issues in a safe environment, talk about the things they don’t understand, and in the end, create agreements that are tailored to fit their family. Once terms are reached, both parties must have independent counsel review the mediated premarital agreement, and so they still benefit from the traditional model as well.
Contact us today at (858) 255-1321 to learn more about how we can help negotiate a prenuptial agreement that meets your needs. Schedule a free prenuptial agreement consultation here.
TOP BENEFITS OF PREMARITAL AGREEMENTS
Keeps Things Fair in the Event of Divorce
Premarital agreements help couples decide how to divide assets and debts if they divorce. This includes properties, investments, savings accounts, and debts. Without a premarital agreement, these issues can become highly contentious, resulting in long and costly legal battles. It can also lead to one partner receiving an unfair share of the assets or liabilities.
Prevents Arguments About Money
No secret, one of the most common causes of arguments in a marriage is money. But with a premarital agreement in place, couples can avoid this potential conflict altogether. Before getting married, couples should discuss their financial expectations and responsibilities to ensure clear communication about money from the start. This can prevent future misunderstandings or disagreements about money and reduce the potential for financial stress in the marriage.
Furthermore, the California premarital agreement laws are designed to protect each partner’s individual assets and property in the event of a divorce. This can prevent disputes and bitterness during what is already a difficult time.
What a Prenuptial Agreement Can Cover?
Your marriage is unique to you, and your prenuptial agreement will follow suit, but the divorce-related concerns that can be addressed in your agreement include all the following:
- The division of your community property – as offset by marital debt
- The identification of separate assets, which can become murky through the years of a marriage.
- Alimony, known as spousal support, including duration and amount – as applicable
- Inheritances, which are especially important if either of you has children from a prior relationship
- The distribution of assets upon either spouse’s passing, including the matters of wills and trusts
By requiring you to address these matters upfront, a prenuptial agreement can serve as a practical guide in the event that you ever face a divorce.
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An Experienced San Diego Prenuptial Agreement Attorney is Standing By to Help
Scott F. Levin at San Diego Divorce Mediation & Family Law is a seasoned prenuptial agreement attorney who will spare no effort in his fierce advocacy on your behalf. A strong prenuptial agreement can lay the foundation for a strong marriage, and we encourage you to reach out and contact or call us at 858-255-1321 for more information about how we can help you achieve this today.
Top San Diego Prenup FAQs
Most frequent questions and answers
Yes, a California prenuptial agreement is legally binding so long as the legal requirements are properly executed. The key requirements include a full disclosure of assets, the signing prior to marriage and only after seven days have passed after the final draft is agreed upon, and representation by counsel. It’s crucial for you to find a prenuptial attorney draft o review your California prenup to ensure it’s enforceable.
Scott Levin is an affordable prenup lawyer with experience drafting and reviewing prenups for a flat fee cost. Scott Levin prenup attorney cost is typically less than $5,000 but depends on complexity and your unique needs and circumstances.
Approaching the topic of a prenup can be delicate, but it’s important to be honest and open. Marriage can be hard at times and you will need to be open and honest with your partner. Being open and honest during your engagement regarding a prenup is something you should discuss. One way to soften the impact is to express that the goal is to protect both partners, not just yourself. Listen to each other’s concerns and consider consulting a mediator if needed.
Absolutely. Couples can modify or revoke their prenup at any time, provided both parties agree to the changes. A prenup can also include a “sunset clause” which automatically terminates the entire document or withdraws certain clauses as of a particular date. A California prenup is a flexible document that can evolve and change during your marriage.
A lawyer can help craft terms that satisfy the general rules for fairness. An unfair agreement is typically how a prenup is invalidated later on during divorce. This is why it’s so important that you hire a top family law attorney to represent you in the prenuptial agreement negotiations. Find an experienced San Diego lawyer who can offer the right legal advice to draft a prenup that upholds fairness and complies with the legal requirements. Scott Levin is an experienced family law attorney and can represent you to make sure the prenup meets your needs and wants.
Among the most common questions asked is how long does it take to get a prenup? Although Scott is able to draft a prenup quickly if needed, you should give yourself enough time, so the process isn’t rushed. In California, you must sign before the marriage and you have to wait seven (7) days between the final draft being agreed upon before it can be signed. It is common for Scott to complete a prenup process within one month.