Prenup Attorneys in Carlsbad
Prenuptial Agreements – Protect Your Legacy
Prenuptial agreements must be drafted carefully. Most experienced and qualified
family lawyers are aware of the rules and requirements of a valid prenup.
A good lawyer will know and understand the law as it pertains to creating
a prenuptial agreement, including the requirements and limitations of
a valid and enforceable agreement. If a prenuptial agreement does not
include the correct language, or if it includes an illegal provision,
then it may not be worth the paper it is printed on, let alone the attorney’s
fees paid to draft it.
At Griffith, Young & Lass, you will never have to worry about that
happening. Our family law specialists and team of Carlsbad prenup lawyers
know how to skillfully draft a prenuptial agreement that supports and
protects your best interests prior to entering into a marriage.
Call GYL at
(858) 371-5569 or
reach us via our online contact form to consult a Carlsbad prenuptial agreement lawyer.
Prenuptial Agreements and Community Property Law in California
California law is well settled when it comes to the
division of assets and debts in divorce. The legal framework used in California divorces is called community property law.
According to community property law, everything acquired from the date
of marriage until the date of separation is divided evenly–end of
story–unless the parties entered into a valid prenuptial agreement
(prenup) or postnuptial agreement (postnup).
Prenuptial agreements serve to change the legal characterization of property
from community property to separate property. They seek to avoid the normal
rules of division of earnings and assets acquired during the marriage.
What Can I Put in a Prenuptial Agreement?
A prenuptial agreement may include limitations regarding the earnings and
assets of each spouse acquired during the marriage. It can limit the possibility
of a spouse acquiring a share of separate business interests. It can also
provide that any debts acquired independently by either spouse be deemed
the separate debt of the spouse acquiring the debt.
Special Rules Regarding Limitations on Spousal Support
A prenup can also limit or terminate a potential spousal support obligation.
Spousal support provisions are difficult to enforce and may not always
be upheld no matter how carefully they were drafted. For example, if a
divorce court holds that a limitation or termination of spousal support
is unconscionable, the court may strike that portion of the agreement.
Also, if the party that would be giving up spousal support is not represented
by a divorce lawyer at the time of negotiating and signing the prenup,
then the spousal support provision will be invalid.
What Can’t a Prenuptial Agreement Do?
A prenup cannot include limitations on child visitation or child custody.
A prenup cannot include limitations or regulate child support. A valid prenup cannot punish infidelity by providing consequences against
a cheating spouse. California is a “no-fault” state which
means that infidelity is generally irrelevant when it comes to a divorce.
A valid prenup cannot regulate the religious freedom of either party or
the religious upbringing of the children.
