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In all the positive emotions leading up to marriage or domestic partnership, the notion of a prenuptial agreement can be an incredibly delicate topic to broach. However, a prenuptial agreement is a smart, practical move intended to protect your assets, property, or income in the case of dissolution. In a world where planning for the worst is highly encouraged, entering into a prenuptial agreement is a prudent extension of that mentality, and our San Mateo prenuptial agreement attorney is here to help. Having the right attorney can make the difference between a prenup that stands strong and one that’s later challenged in court.
There can be several factors to consider when entering into such an agreement and it typically requires the counsel of an attorney specializing in family law. Schoenberg Family Law Group, P.C. serves clients in San Mateo interested in all matters of family law, including comprehensive prenuptial agreements.
Choosing the right attorney to draft or review your prenup can determine whether it holds up in court. Our team of experienced attorneys combines decades of family law specialization with local insight to ensure your agreement is fair, enforceable, and compliant with California’s Uniform Premarital Agreement Act.
Our attorneys regularly assist clients in preparing prenups that comply with San Mateo County Superior Court standards and California’s UPAA (Family Code §1610–1617). We help couples ensure their agreements are properly prepared, reviewed, and notarized, so they are fully enforceable if challenged in a future divorce or legal proceeding.
A prenuptial agreement generally protects each spouse’s financial assets and any property in the event of a dissolution, separation, or divorce. Additionally, they may provide a clear definition of what can and cannot be divided upon dissolution. Prenuptial agreements are an assurance that the division is predetermined, to avoid any further litigation on any disputed property or assets between the two spouses.
Generally, prenuptial agreements can outline:
A prenuptial agreement can also address any provisions for medical coverage, life insurance, and any inheritance rights. In San Mateo County, prenups often protect high-value Peninsula real estate, tech company stock options, business interests, and substantial retirement accounts accumulated before marriage.
A prenuptial agreement cannot address anything regarding your children’s rights. This includes matters of child custody and child support. Ultimately, the courts make these decisions, and will make a judgment based on the “best interests of the child” under Family Code §3011.
Other factors that may or may not be enforceable in a prenuptial agreement, depending on the court’s interpretation, include:
Because these can be generally left up to interpretation by a court, it is highly recommended that your prenuptial agreement be thoroughly analyzed by a family law professional before you officially sign it.
Helpful and supportive
Debra and team were so helpful and supportive through the most difficult time in my life. Grateful to the team for their advice – would highly recommend their services to anyone needing a divorce attorney.
Our prenuptial agreement attorneys serve engaged couples throughout San Mateo County and nearby Peninsula communities including Burlingame, San Carlos, Belmont, Foster City, Millbrae, Half Moon Bay, Menlo Park, Atherton, Woodside, Portola Valley, and Hillsborough. We understand the unique considerations facing Peninsula couples with high-value assets and provide tailored legal counsel that protects your financial future.
A prenuptial agreement requires honest, accurate, and full disclosure of each party’s assets and debts in order to be fully enforceable. An improperly drafted agreement may lead to even more legal strife in the future. Schoenberg Family Law Group, P.C. has the experience and compassion to ensure your prenuptial agreement is thorough, accurate, and fair to both parties involved.
We are diligent and thorough in our analysis in order to best protect our clients’ interests. If you wish to discuss the benefits of a prenuptial agreement or start the process in California, contact the San Mateo prenuptial agreement lawyers at Schoenberg Family Law Group. Call (650) 761-9523 today.
"I was seeking a reputable family law firm for my prenuptial agreement and received high praise for the Schoenberg Law Group. My attorney listened to my questions and responded to them very patiently. She also paid close attention all my concerns and made sure I was aware of the legal value of the agreement I was about to sign. It was…”
D.R.“It has been a real blessing to find this family law group in my life. I was in the middle of a custody battle with my ex wife and had a lawyer who had sided with my ex wife’s lawyer. I was faced with the option of paying to a regular lawyer to do half jobs with no results or to invest a bit more for a top family counselor who understood my situation and at the same time not giving me false hopes."
A.L."I hesitated filing papers for a long time because I was not sure if I could survive a long legal battle. When we were married, my husband worked while I raised the children, two under four years old, and I was afraid I would lose the stability they needed. I had a wonderful group of friends that helped me search for a reputable law firm that could represent me when my focus was on my children. They found the"
L.A.We are trial lawyers who litigate high-conflict, high-stakes cases. While we try to build on mediation efforts and exhaust opportunities for a negotiated agreement, emotions, egos and various other realities often force these disputes into court. It is critical to work with a firm that knows how to apply the law and the facts in your favor, whether in the courtroom or at the negotiating table.
Debra Schoenberg was named a Fellow of the American Academy of Matrimonial Lawyers (AAML)
Designated as a Certified Family Law Specialist by the State of California Board of Legal Specialization
Board-Certified Family Law Trial Specialist by The National Board of Trial Advocacy (NBTA)
One of California’s Top Family Lawyers for five consecutive years: 2022–2026
SFLG Voted #1 Family Law Firm in California for six consecutive years: 2021 - 2026
One of the Best Places to Work in the Bay Area by San Francisco Business Times
“My goal is to preserve your dignity and your humanity throughout what can be a very difficult and painful process, while at the same time achieving a favorable outcome on your behalf.”
Over 400 Years of Collective Family Law Experience
Debra R. Schoenberg
Owner & Founder
Lily Huang
Senior Associate
Kimia Kojouri
Associate
Miho Takarada
Senior Counsel
Yes, if properly drafted and executed, prenuptial agreements are legally enforceable in California under the Uniform Premarital Agreement Act (UPAA), codified in Family Code §1610–1617. Both parties must sign voluntarily, with full financial disclosure and adequate time to review the terms before marriage.
While not legally required, having an attorney ensures your agreement meets all California requirements and holds up in San Mateo County Superior Court. Each spouse should have independent legal counsel to avoid potential challenges based on coercion or unfairness.
A prenup can outline how property, debts, and assets will be divided in the event of divorce or death. It can also include terms about spousal support and business ownership, provided they comply with state law and public policy.
California law prohibits prenups from containing provisions about child custody, child support, or anything that violates public policy. Including illegal or unfair terms can make the entire agreement invalid under Family Code §1612.
Ideally, you should begin the process several months before your wedding. California law under Family Code §1615 requires at least seven days between when one party receives the final draft and when it's signed.
Yes. Couples can modify or revoke a prenuptial agreement after marriage by creating a postnuptial agreement. Both spouses must agree to the changes in writing and meet the same legal standards required for a prenup under Family Code §1615.
Without a prenup, California's community property laws under Family Code §760 determine how assets and debts are divided. This means most property acquired during the marriage will be split 50/50 between both spouses.
Yes. A prenup can preserve your ownership of a business, inheritance, or other separate property by keeping it distinct from marital assets. This is particularly important for Peninsula entrepreneurs and tech professionals with equity compensation.
