Experienced Prenuptial Agreement Lawyers Serving San Mateo, CA
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.
Why Choose Schoenberg Family Law Group, P.C. for Your San Mateo Prenuptial Agreement
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.
- Certified Expertise: Led by Debra R. Schoenberg, a Certified Family Law Specialist (State Bar of California Board of Legal Specialization) with close to 40 years of experience.
- Exclusive Family Law Focus: We handle only family law matters — giving us an unparalleled understanding of how judges in San Mateo County view prenuptial and postnuptial agreements.
- Proven Reputation: Recognized by Super Lawyers every year since 2008 and trusted by couples across the Peninsula for personalized, ethical counsel.
- Transparent, Efficient Process: We explain each step, keep fees reasonable, and ensure both parties have independent legal representation — preventing future challenges to your agreement.
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.
What Can Be Covered in a Prenuptial Agreement
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:
- What is separate property and community property – a property that can be divided equally in the event of a divorce.
- Who has the legal right to control separate property.
- Which debts are assigned to whom, and what happens following divorce.
- How income and assets accumulated during marriage are to be divided upon dissolution.
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.
What is Not Covered in a Prenuptial Agreement
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:
- Waivers of Spousal Support: The state of California generally allows these provisions, but may choose not to enforce them if the result is extremely unfair to one party.
- Promoting Dissolution: Any agreement that encourages divorce or alters generally accepted relationship duties may be invalidated.
- Unfair Terms: Overwhelmingly unfair terms in the agreement may fall under this umbrella.
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.
Frequently Asked Questions
Are prenuptial agreements enforceable in California?
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.
Do I need a lawyer to create a prenuptial agreement in San Mateo?
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.
What can a prenuptial agreement cover?
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.
What can't be included in a prenuptial agreement?
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.
How far in advance should we create a prenup before our wedding?
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.
Can a prenuptial agreement be changed after marriage?
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.
What happens if we don't have a prenuptial agreement?
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.
Can a prenuptial agreement protect my business or inheritance?
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.
Serving Couples Throughout San Mateo County and the Peninsula
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.
Contact Our San Mateo Prenuptial Agreement Attorney Today
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.
