San Francisco Prenuptial Agreement Lawyers
Negotiating a prenuptial agreement runs contrary to our romantic ideal of a marriage/domestic partnership because such an agreement necessitates contemplating dissolution. However, entering into a prenuptial agreement is often prudent and practical, as it both establishes and protects your property rights as you enter into a marriage/domestic partnership. Additionally, such an agreement can eliminate potential strife by clarifying how certain financial and property matters will be handled both during the marriage/domestic partnership and upon dissolution.
Prenuptial agreements are particularly beneficial when one or both parties to a marriage/domestic partnership own substantial assets, investments, and/or real and personal property. The Schoenberg Family Law Group, P.C., offers guidance and counsel for clients in the San Francisco Bay Area who are interested in these agreements. Our diligence and attention to detail ensure a comprehensive approach.
The purpose of a prenuptial agreement is to provide persons who anticipate entering into a marriage/domestic partnership with a clear definition of how certain issues will be resolved upon dissolution, with the object of avoiding litigation should an action for dissolution commence. Parties may also enter into an antenuptial agreement, which is an agreement entered into during marriage/domestic partnership that contemplates dissolution and defines how issues will be resolved should the marriage/domestic partnership be dissolved. Antenuptial agreements are subject to the same statutory rules, and have the same effect, as prenuptial agreements.
Prenuptial agreements identify property brought into the marriage/domestic partnership, how income and assets acquired during the marriage/domestic partnership will be characterized, and who has the legal right to control separate property. A prenuptial agreement can designate that certain property and income is to remain the separate property of one party and can either adjust or avoid the application of California’s community property laws upon dissolution. Additionally, these agreements may include provisions for the division of debt, division of real property, medical coverage, life insurance, and the payment of spousal support upon dissolution.
A prenuptial agreement is only enforceable if properly drafted and if the parties provide each other with full and accurate disclosure of their assets and debts. At the Schoenberg Family Law Group, P.C., our team has a wealth of experience in competently and thoroughly addressing complex financial issues, including business and corporate interests, pensions and retirement plans, stock portfolios, and real property. We offer knowledgeable and thorough legal services to clients who are interested in obtaining a prenuptial or antenuptial agreement. Our expertise in complex financial matters ensures that we will diligently verify both parties’ assets and debts and draft agreements that best protect our clients’ rights and interests.