Expert Prenuptial Agreement Attorneys Serving Los Altos
When you’re excitedly preparing to get married, divorce is likely the last thing on your mind. It may feel uncomfortable, unromantic, or pessimistic to talk about what happens if the marriage doesn’t last before you’ve even taken your vows. However, while the topic of a prenuptial agreement or “prenup” can be sensitive to broach — and not every couple will want or need one — it’s important to know that you have the option, and to understand its purpose and function.
In Los Altos, a hub of Silicon Valley innovation and wealth, it’s wise to define and safeguard major assets such as stock options, RSU’s, intellectual property, and real estate before marriage.
What Is a Prenuptial Agreement?
A prenuptial agreement is a pragmatic legal tool that provides an outline of how assets and debts will be divided in the event of a divorce. A contract, signed by both partners, a prenup is designed to identify and protect each partner’s financial interests before entering marriage, and significantly streamline the dissolution process if they later divorce.
Prenups can also address spousal support, debt allocation, and estate planning, offering comprehensive protection. By working with a skilled attorney, you can customize your agreement to reflect your specific financial goals and values. A prenup can provide clarity and security without suggesting a lack of trust in your relationship.
At Schoenberg Family Law Group, P.C., we believe that when couples approach a prenuptial agreement in a sensitive, thoughtful way, as one aspect of aligning priorities and making decisions together, the prenup can be a source of strength and confidence in the marriage. Our experienced Los Altos prenuptial agreement lawyers offer tailored solutions that comply with California’s stringent legal standards, giving you peace of mind as you plan your future.
Why Consider a Prenup in Los Altos?
California’s community property laws mandate a 50/50 split of marital assets, which can jeopardize significant earnings or business interests, without a prenup. A well-crafted agreement ensures your assets, such as equity in a Los Altos startup or a family trust, remain secure.
Los Altos residents often face unique financial circumstances due to the area’s proximity to Silicon Valley. Tech executives, startup founders, inventors, and high-net-worth individuals frequently have complex financial profiles, multiple income streams, and may own real estate in Los Altos’s highly competitive market, making prenups especially valuable.
Legal Requirements for a Valid Prenup
To be enforceable in California, a prenuptial agreement must adhere to the Uniform Premarital Agreement Act. The contract must be written—verbal agreements are not valid—and signed voluntarily by both parties without coercion, fraud, or duress. A notary public must witness the signatures, and each spouse has a seven-day period to seek independent legal counsel before signing. The agreement must contain only lawful terms, focusing on financial matters like property division, alimony, and asset protection. Our Los Altos attorneys meticulously draft prenups to meet these requirements, ensuring your agreement is legally sound and enforceable in court.
What Can Be Included in a Prenup?
A prenuptial agreement in California can cover a wide range of financial topics, including:
- Property Division: Designating real estate, such as a Los Altos home, as separate or community property.
- Spousal Support: Setting terms for alimony, tailored to your income and assets.
- Assets and Debts: Protecting business interests, tech stock options, retirement accounts, or personal liabilities.
- Estate Planning: Establishing rules for trusts, wills, or life insurance beneficiary designations.
For instance, a Los Altos couple might use a prenup to protect a startup’s valuation. These provisions provide clarity and prevent costly disputes during a divorce.
What Cannot Be Included?
California law prohibits certain provisions in prenups. Personal lifestyle clauses, such as requirements about appearance, career choices, or family size, are unenforceable. Similarly, terms related to child custody or child support are invalid, as courts prioritize the child’s best interests at the time of divorce. Our attorneys ensure your prenup avoids these pitfalls, focusing solely on legally permissible terms to maximize enforceability and protect your interests.
Postnuptial Agreements as an Alternative
If you’re already married, a postnuptial agreement can serve similar purposes. These contracts, created after marriage, address asset division, spousal support, and financial responsibilities in case of divorce. In Los Altos, where financial circumstances can evolve rapidly due to startup exits or real estate investments, postnups offer flexibility. Our team assists with both prenuptial and postnuptial agreements, providing solutions that adapt to your changing needs.
Why Choose Schoenberg Family Law Group, P.C.?
Schoenberg Family Law Group, P.C. is a trusted authority in Los Altos family law, with decades of experience serving Silicon Valley’s affluent communities. Our Los Altos family law attorneys understand the unique financial landscapes of tech-driven wealth and craft prenups that reflect your priorities, whether protecting a venture-backed startup or a family estate. We combine legal expertise with a client-centered approach, earning recognition as leading family law experts. Our commitment to transparency and precision ensures your prenup is both effective and enforceable.
Contact Our Los Altos Prenuptial Agreement Lawyers
Secure your financial future with a customized prenuptial or postnuptial agreement. Schoenberg Family Law Group, P.C. provides expert guidance for Los Altos residents, ensuring your agreement meets California’s legal standards and aligns with your goals. Contact us today to schedule a consultation and take the first step toward protecting your assets with confidence.
