California Prenup FAQs Answered By San Diego Prenup Lawyer
When contemplating a prenuptial agreement in California, soon to be newlyweds considering a premarital agreement often have questions they need answered so they can make informed decisions. What is permissible to include? Is legal representation necessary? Are there specific limitations? These are all legitimate concerns, and to provide assistance, we have compiled responses below. Our aim is to offer a thorough overview of what a prenuptial agreement in California can include, not include and to give you an understanding of our San Diego prenup attorney’s process.
Why You Need a Prenup – Common Misconceptions
Prenuptial agreements are often misunderstood. Some couples view them as signaling a lack of commitment to their upcoming marriage, a lack of love for one’s partner, or as hedging one’s bets – but these are misconceptions, and the reality is that a solid prenuptial agreement can protect everyone’s rights and create the foundation of a strong, happy marriage.
Knowing more about the benefits of prenuptial agreements can help you make the right choices for you moving forward, and working closely with an experienced San Diego prenuptial agreement attorney is always in your best interest.
Should I Be Offended by a Prenuptial Agreement?
It can’t be denied that prenups have a bad reputation. They’re often portrayed as a way to cheat the system, to call out people who are marrying for money, or to keep one foot out of a marriage at all times, but none of these are accurate.
Having a well-considered prenuptial agreement doesn’t mean that you’re not all in when it comes to your marriage. Instead, entering a prenup is a nod to the fact that many marriages do end in divorce, and when they do, each side’s financial rights are punctuated by a question mark – that the prenuptial agreement can answer.
Despite common misconceptions, the decision to draft a prenup does not inherently indicate distrust or a lack of faith in the longevity of the relationship. While some individuals may feel hurt or upset by the suggestion of a prenuptial agreement, it’s essential to recognize that its primary function is to establish a clear framework that offers protection and certainty to both parties in the unfortunate event of a separation. Engaging in open and candid discussions with your partner regarding the subject of a prenuptial agreement can foster understanding, trust, and respect between both individuals involved.
Scott Levin Shares Why a Prenup Is Not a Red Flag in Relation to Your Marriage
“Prenuptial agreements undeniably have significant implications for families going through a separation or divorce in California. Therefore, it is crucial that both parties fully comprehend the language of the prenup draft before signing it. They should have the opportunity to reflect on how the agreement will affect them in the event of a divorce.
While it is essential for a prenup to be tailored to the couple’s needs and for both parties to understand its implications, I firmly believe that having a prenup is a wise decision for individuals entering marriage with significant assets or debts. For those who own a business, real estate properties, their primary residence, family inheritance, or anticipate future inheritances or gifts, obtaining a prenup is advisable. It is a prudent business move that allows individuals to retain control over their assets and avoid being subject to California family law in the event of a separation or divorce. Even individuals with significant 401k savings, cryptocurrency investments, or those who have been through a divorce before and wish to avoid a contentious legal process, a prenup is a good decision.”
Scott Levin is an Attorney Who Represents Clients In Negotiating and Drafting Agreements Before Marriage
Prenups Do Not Set You Up for Failure
Some people shy away from prenuptial agreements because they’re afraid of jinxing their marriages. This concern, however, is not supported in reality. You purchase insurance for the peace of mind it provides, but the goal is never needing to use it. The same is true of prenuptial agreements.
Money issues are a common cause of divorce. When you have a fair prenuptial agreement in place, it takes a lot of the financial guesswork out of the equation, which can afford you the space you need to work on a loving and enduring marriage.
Prenups Are Not Only for the Rich and Famous
A common misconception surrounding prenuptial agreements is that they are solely relevant for the affluent, but this perspective is limited. Prenuptial agreements serve as a mechanism for couples planning to wed to tackle financial issues in advance. They aid in defining financial obligations and anticipations, providing a structured plan for various scenarios, including potential divorce down the line.
Even individuals who wed at a young age and possess limited assets can find value in a prenuptial agreement that delineates the financial entitlements of each party concerning assets accumulated during the marriage. For instance, if you opt to be a homemaker and care for the children to support your spouse’s professional endeavors, a prenuptial agreement can safeguard your potentially vulnerable financial interests in case of a divorce.
In Order to Be Enforceable, Prenups Must Be Fair
For a prenuptial agreement to be valid and enforceable, it is essential that both parties provide comprehensive financial information. This should encompass details of assets and debts. Both parties must share this information with each other to ensure the agreement is legally valid. Transparency is important for this. Moreover, it is crucial for the agreement to be inherently fair. There is a common misconception that prenuptial agreements enable one spouse to unjustly claim assets from the other that rightfully belong to them. A prenup can play a significant role in defining your financial entitlements from the outset, potentially reducing the cost, duration, and animosity of a divorce if it becomes necessary.
Ensuring that your prenuptial agreement is fair and provides you with the protections you’re looking for is paramount. And for this, you need the skilled legal guidance of a trusted prenuptial agreement attorney in your corner.
Prenuptial Agreements Are Not a Free-for-All
California implements a range of requirements that apply to prenuptial agreements, and they must be carefully followed to ensure enforceability. These requirements include:
- The contract must be in writing, and both of you must sign it prior to marriage.
- Each of you must be afforded at least seven days to consider the agreement before you’re required to sign it.
- A prenuptial agreement that is based on fraudulent information is not enforceable.
- Neither of you can be coerced into signing the agreement.
The Need For Separate Counsel
You also each have the right to separate counsel. While either of you can voluntarily waive this right in writing – after you’ve been provided with all the relevant information and documentation – it is never advised. The legal implications of your prenuptial agreement are too serious to leave to chance, and waiving the right to legal counsel can make any alimony terms included unenforceable.
Child Custody Cannot Be Covered In a California Prenup Agreement
It’s important to note that while you can cover many divorce terms in a prenuptial agreement, child custody isn’t one of them. In California, child custody terms are always guided by the best interests of the children at the time the determination is made. In other words, this matter can’t be resolved ahead of time. Child support, on the other hand, can be included in your prenuptial agreement – but only if the terms exceed those required by the state.
If You Have Children from another Relationship
A prenuptial agreement comes with a wide range of benefits, but if you have children from another relationship, it can play a critical role in their inheritance rights. A second marriage can directly impact what your children inherit from you, which can be effectively addressed in a well-crafted prenuptial agreement.
An Experienced San Diego Prenuptial Agreement Attorney is Standing By to Help
Scott F. Levin of San Diego Divorce Mediation & Family Law is a seasoned California prenuptial agreement attorney with the legal insight and experience to help you secure a valid prenup that protects your rights and affords you the financial confidence you’re looking for. Learn more by contacting or calling us at 858-255-1321 today.
