Prenup Attorneys In Carlsbad
Prenuptial Agreements In San Diego And North County – Protect Your Legacy
Before signing a marriage contract, many couples sign a prenuptial agreement or “prenup.” A prenup is a legal contract that protects your property and assets in the event of an unforeseen divorce or separation by dictating, in a written contract, how the assets are to be divided if the marriage comes to an end.
Do I Need A Lawyer For A Prenup?
Yes, you should hire a lawyer. If a prenuptial agreement does not include the correct language or 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. A good attorney will know the law pertaining to drafting a prenuptial agreement, as well as the requirements and limitations of a valid and enforceable agreement.
At Griffith, Young & Lass, you will never have to worry about that happening. Our family law specialists and the 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.
Navigate This Page
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 prenuptial agreement 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.
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 the story – unless the parties entered into a valid prenuptial agreement 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.
Carlsbad Prenuptial Agreement Attorneys – Helping You Create A Sound, Lasting Prenup
Depending on the issues, some divorces can cost tens or even hundreds of thousands of dollars, not to mention the emotional turmoil and stress that often accompany the divorce process. A prenup can help tremendously, but it must be done correctly.
Our Carlsbad prenup lawyers at GYL have experience drafting valid California prenuptial agreements. To date, our clients have been very happy with our approach to the prenup and the efficiency with which we are able to meet their needs. We are prepared to do the same for you.