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. However, there can be a number of factors to consider when entering into such an agreement, and often may require the counsel of an attorney specializing in family law. The Schoenberg Family Law Group, P.C. serves clients in San Mateo County interested in all matters of family law, including comprehensive prenuptial agreements.
What Can Be Covered in a Prenuptial Agreement in San Mateo
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, in order to avoid any further litigation on any disputed property or assets between the two spouses.
Generally, prenuptial agreements can define:
- What is separate property and community property – 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.
What is Not Covered in a Prenuptial Agreement in San Mateo
Typically, prenuptial agreement can NOT address anything regarding your children’s rights. This includes matters of custody and child support. Ultimately, the courts make these decisions, and will make a judgment based on the best interests of the child.
Additionally, there may be other factors that may or may not be enforceable in a prenuptial agreement, depending on the court’s interpretation. This includes:
Any waiver of spousal support or alimony. The state of California generally allows these provisions in a prenuptial agreement, but may choose not to enforce them if the result is extremely unfair to one party.
Any agreement that promotes the dissolution of marriage. Any agreements that would alter the generally accepted relationship duties of marriage may fall under this umbrella, as would any overwhelmingly unfair terms in the agreement.
Because these can be generally left up to interpretation by a court, it is highly recommended that your prenuptial agreement is thoroughly analyzed by a family law professional before you officially sign it.
Qualified Legal Representation for a Fair Agreement in San Mateo County
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 also lead to even more legal strife in the future, if the worst happens. The Schoenberg Family Law Group, P.C. has the experience and compassion to ensure your prenuptial agreement is thorough, accurate, and favorable for both parties involved. We are comprehensive in our analysis, addressing all the complex financial issues and disclosures that come with a prenuptial agreement.
We are diligent and thorough in our analysis in order to best protect our clients’ interests. Contact us online or call (650) 761-9523 for a consultation or to discuss any questions or concerns you have with your prenuptial agreement.