San Jose Prenuptial Agreement Lawyer

No one anticipates getting a divorce when they decide to get married. Unfortunately, it’s not uncommon for this to be the outcome. When a couple’s marriage ends, a variety of issues are typically resolved with the fundamental laws of California. For instance, a judge will often order spousal support and split community property right down the middle. However, a premarital agreement can change this outcome altogether. If you’re considering creating such a contract, a prenuptial agreement lawyer in San Jose, CA may be able to help.

At Argyris Mah, LLP, our legal team appreciates when clients come to us for help with premarital agreements. This isn’t because there’s an expectation that your marriage will end. The simple fact is that more couples are taking this approach in order to protect themselves. Our law firm believes being prepared greatly simplifies family law issues, so we’re more than happy to help you create a marital agreement that assists you with making important decisions ahead of time. Contact our San Jose prenup agreement lawyers today to schedule a consultation and to learn how we can help.

Understanding Prenuptial Agreements in San Jose, CA

A prenuptial agreement, commonly referred to as a “prenup,” is a legally binding contract between two individuals who plan to get married. This document outlines how assets, debts, and financial matters will be handled during the marriage and in the event of a divorce or separation. While some couples may see prenups as an indicator of distrust, they are actually valuable tools for financial planning and protection.

San Jose, like the rest of California, follows community property laws, which means that assets and debts acquired during the marriage are generally split equally upon divorce. A prenuptial agreement allows couples to establish their own financial rules rather than relying on default state laws.

Key Aspects of a Prenuptial Agreement in California

Property and Asset Division – A prenup can specify how property, savings, real estate, and other assets will be divided.
Debt Protection – It can outline responsibility for debts, ensuring that one spouse is not burdened by the other’s pre-existing liabilities.
Spousal Support – The agreement can determine whether spousal support (alimony) will be paid, and under what conditions.
Business Ownership – If one or both spouses own a business, a prenup can protect business interests from being divided in a divorce.
Estate Planning – A prenup can outline how assets will be distributed upon death, ensuring that certain properties or funds go to specific heirs.
Financial Responsibilities – Couples can use a prenup to define financial responsibilities during the marriage, such as bill payments and savings contributions.

What Are the Requirements for a California Prenuptial Agreement?

The Uniform Premarital Agreement Act (UPAA) dictates the requirements of prenuptial agreements. California enacted the law in 1986, and various changes have occurred to the law since then. However, several provisions make up the “meat and bones” of the statute and have remained the same since its passage. When a couple divorces, their premarital agreement will play a substantial role as long as all the following requirements have been met:

The contract is written. California doesn’t recognize oral agreements.
Both parties must sign the agreement.
Signing the document must be done voluntarily.
Provisions cannot violate California law or public policy.
Each party to the agreement must have time to review it.
The contract must also be signed by a notary.

These are the basics of prenuptial agreement law in California. However, it’s important to understand that state law is far more in-depth. If you attempt to handle such a complicated legal issue on your own, you may face some unfortunate surprises if you end up in court. Even a mistake by one party can derail the entire process. Don’t let this happen to you. Contact our prenuptial agreements law firm today to discuss your situation during a initial consultation.

What Can Invalidate a Prenuptial Agreement in California?

One of the most important reasons people seek our legal assistance is the fact that a prenuptial agreement can be invalidated. As discussed in the previous section, these contracts must abide by California law. If they don’t, the entire document could be void. However, it’s important to note that most issues will only make specific provisions of the agreement invalid. For instance, the prenup cannot include decisions regarding child custody and child support. These judgments are made by a judge based on the children’s best interests. Such decisions are not left to parents at the beginning of their marriages.

However, there are certain issues that could invalidate the entirety of a premarital agreement. For instance, the agreement must follow all applicable contract laws in California. This means that one spouse cannot be improperly influenced or made to sign through mistake or fraud. Amendments to the UPAA further state that a spouse must have at least a week to review the prenup. They must also receive a complete accounting of their partner’s assets. These amendments were made to protect each person’s financial rights, and in a community property state like California, such requirements can have significant implications.

Don’t risk a mistake that could lead to an invalid arrangement. Contact our prenuptial agreement law office in San Jose, CA today.

How Can Spousal Support Affect Your Prenup?

As discussed in the previous section, including certain provisions in a prenuptial or postnuptial agreement can invalidate them. However, decisions regarding spousal support are not one of them. Even though you can’t dictate child support payments ahead of time, you’re well within your rights to set rules for alimony. However, these provisions are unenforceable when the target spouse does not have independent counsel to assist.

While this can invalidate spousal maintenance arrangements, it will not invalidate the entire agreement. All other provisions will be enforceable as long as you have an otherwise valid prenuptial agreement. And since prenups are considered valid as long as they don’t violate state laws and policy, you should have no issue enforcing these arrangements if your marriage ends in divorce.

Let our San Jose prenuptial agreement attorneys ensure you’ve taken all the appropriate steps to create a valid contract.

What Cannot Be Included in a Prenup?

While prenuptial agreements are flexible, there are some legal limitations in California:

Child Custody and Support – California courts will determine child custody and support based on the child’s best interests, so these matters cannot be dictated in a prenup.
Illegal or Unfair Provisions – Any terms that encourage divorce, include unlawful conditions, or are deemed extremely unfair (unconscionable) may be invalidated by a court.

The Process of Creating a Prenuptial Agreement in San Jose

Open Discussion – Both parties should discuss their financial expectations, goals, and concerns openly.
Full Financial Disclosure – Each partner must fully disclose their assets, debts, and income. Hiding financial information can lead to the agreement being invalidated.
Drafting the Agreement – An experienced family law attorney will help draft a fair and legally enforceable prenup.
Independent Legal Counsel – California law requires that both parties have independent legal representation to ensure fairness.
Signing the Agreement – The prenup must be signed voluntarily, at least seven days after both parties first received the agreement for review.
Notarization – While not mandatory, notarizing the document adds an extra layer of legal protection.

Do You Need a Family Law Attorney for Prenups?

Many people wonder whether they need a San Jose prenuptial agreement lawyer in their situation. This is particularly the case if both soon-to-be spouses are on board and ready to sign the agreement voluntarily. However, speaking with an experienced legal professional can still prove invaluable. This is particularly the case when complex estates and finances are involved. After all, you don’t want to leave issues like business assets, retirement accounts, and commingled properties up to chance. Even a single mistake can prove costly in the process.

If you and your partner’s assets are simple and straightforward, though, you could still benefit from the help of legal professionals with experience in prenuptial agreements. As discussed in the previous sections, there are a large array of problems that can invalidate your marital contract. Honestly, listing all such issues is beyond the scope of this page. Our San Jose prenuptial agreement lawyers can review your agreement and ensure you don’t experience any surprises down the road. Contact us today to learn more.

San Jose Prenup Agreement FAQs

1. Are prenuptial agreements enforceable in California?

Yes, as long as they are properly drafted, signed voluntarily, and meet all legal requirements, they are enforceable under California law.

2. Can a prenup be modified after marriage?

Yes, a postnuptial agreement can be created to modify or replace a prenup after marriage, but both parties must agree to the changes.

3. What happens if we don’t have a prenup?

Without a prenup, California’s community property laws will apply, meaning assets and debts acquired during the marriage will be split equally in a divorce.

4. Does a prenup mean we plan to get divorced?

Not at all. A prenup is a financial planning tool that provides security and clarity, much like an insurance policy.

5. Can a prenup protect my business?

Yes, you can specify that your business remains separate property and outline how business earnings will be handled.

6. Do both spouses need a lawyer to sign a prenup?

Yes, California law requires that both parties have independent legal counsel unless they waive that right in writing.

7. Can a prenup include terms about household responsibilities?

While you can outline financial responsibilities, courts typically do not enforce provisions regarding personal or household duties.

8. How long before the wedding should we sign a prenup?

It should be signed at least seven days before the wedding to ensure it is not considered coerced or rushed.

9. Can a prenup cover retirement accounts?

Yes, a prenup can define how retirement savings and benefits will be treated in a divorce.

10. What makes a prenup invalid?

A prenup can be invalidated if it includes unfair provisions, was signed under duress, lacks full financial disclosure, or was not properly executed.

How Argyris Mah, LLP Can Help

At Argyris Mah, LLP, we understand the importance of protecting your financial future. Our experienced San Jose prenup attorneys provide personalized guidance to ensure your prenuptial agreement is fair, legally sound, and tailored to your unique situation.

Comprehensive Legal Advice – We help you understand your rights and obligations under California law.
Detailed Drafting & Review – We draft prenups that meet all legal standards and protect your assets.
Negotiation Support – We facilitate discussions between you and your partner to reach a fair agreement.
Legal Compliance – Our team ensures that your prenup follows California’s strict requirements, minimizing the risk of future disputes.

If you’re considering a prenuptial agreement in San Jose, contact Argyris Mah, LLP today to schedule a consultation. We are committed to protecting your future and providing peace of mind as you begin your marriage.

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Contact a Prenuptial Agreement Lawyer in San Jose, CA Today

Between 2010 and 2022, the rate of marriages with a premarital agreement in place jumped from 3% to 15%. This substantial increase goes to show that there’s nothing wrong with safeguarding your financial future. It’s great if a couple stays married permanently and a prenup never has to affect property division or other issues during a divorce. However, these agreements can prove invaluable in the unexpected event of a divorce. In fact, they often benefit both parties by helping them avoid conflict during extensive litigation.

At Argyris Mah, LLP, we believe that an ounce of prevention is worth a pound of cure. You can avoid countless financial issues and other complications by signing a simple document before tying the knot. However, it’s important to understand the requirements of these documents and how they’ll affect a potential divorce. Our law office can help with this endeavor. Contact us today by calling (408) 214-6366 to schedule your consultation. Our prenup agreement lawyers in San Jose, CA are here to assist.