Prenuptial agreements are no longer just for the wealthy. Couples are now electing to marry later in life and are entering into subsequent marriages with significant assets and children. These couples are choosing to protect their hard-earned assets and any previous children with prenuptial agreements.
At the Schoenberg Family Law Group, P.C., our prenuptial agreement attorneys are qualified to properly prepare and execute valid California prenuptial agreements. We can address your concerns for the future in the event of death or divorce and ensure your agreement will stand the test of time.
Contact the Schoenberg Family Law Group, P.C. in Santa Rosa today to speak with family law attorneys who are:
- Responsive and open communicators;
- Knowledgeable and up-to-date on all prenuptial laws in California; and
- Discreet and understanding regarding every prenuptial agreement and its contents.
How Our Santa Rosa Prenuptial Agreement Attorneys Can Help You
For professional advice on how a prenuptial agreement can benefit you, reach out to the legal team at the Schoenberg Family Law Group, P.C. Our prenuptial agreement attorneys can help identify financial and personal reasons you may need a prenuptial agreement.
These could include any of the following and more:
- One spouse has more significant financial assets and property than the other;
- One spouse gives up a high-paying job or career to stay at home with children or to follow the other spouse to a new geographic location;
- One spouse is part of a family business;
- One spouse has children from a prior marriage; and
- You and your spouse have differing investment and retirement goals due to age disparity or philosophical reasons.
Do not allow financial issues to be a source of contention once married or cause a divorce battle. Discuss these issues before entering into your marriage to prevent future disputes. Call the Schoenberg Family Law Group, P.C. now.
The Uniform Premarital Agreement Act
California has a statute that applies to premarital agreements. It is The Uniform Premarital Agreement Act (UPAA). This law has governed California prenuptial agreements since 1986.
The UPAA states that written prenuptial agreements:
- Take effect once the couple marries;
- Can apply to a couple’s present and future property rights, as well as other matters related to the marriage; but
- Cannot negatively affect a child’s right to child support.
For prenuptial agreements to be valid, they require two people with the mental ability to consent to the agreement. Their consent cannot result from fraud, inappropriate influence, or mistakes.
The UPAA only permits premarital agreements to be enforced if a spouse:
- Received complete information about the other spouse’s property and finances prior to signing the agreement;
- Had at least seven days between first receiving the agreement and signing it (to allow enough time to have an attorney review the agreement); and
- Was represented by a separate attorney when signing the agreement (with some exceptions).
If a spouse did not employ a separate attorney, any provisions affecting rights to future spousal support are not enforceable.
Terms a Prenuptial Agreement Can Include
A prenuptial agreement can modify or waive spousal support in the event of a divorce. However, the result cannot be unfair at the time of enforcement, and the spouses must be self-sufficient.
In addition to waiving spousal support, each spouse can agree to change the nature of separate or community property in a prenuptial agreement. Spouses can also waive inheritance rights and include specific provisions in a will or trust. These agreements cannot negatively impact the support rights of any minor children.
Terms a Prenuptial Agreement Cannot Include
Prenuptial agreements cannot include anything illegal or against public policy. Nor can they penalize a spouse for fault during the marriage.
Spouses cannot waive the financial and property disclosures beyond what is already allowed by law, nor can they alter the duties of marriage. The courts also discourage any agreement that promotes divorce.
Contact an Experienced Santa Rosa Prenuptial Agreement Attorney
If you want to learn more about creating or enforcing a prenuptial agreement in Santa Rosa, the Schoenberg Family Law Group, P.C. wants to help you. Call our experienced attorneys to schedule a confidential consultation at your convenience.
We can also answer any questions you have about prenuptial agreements as they relate to marriage, divorce, or another family law matter.