Prenuptial Agreements Compassionate in Our Approach, Decisive in Our Strategy

Prenuptial Agreements

Prenup Attorneys in Carlsbad

Prenuptial agreements must be drafted carefully. Most experienced and qualified divorce lawyers are aware of the rules and requirements of a valid prenup. A good divorce 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 prenup lawyers know how to skillfully draft a prenup agreement that supports and protects your best interests prior to entering into a marriage.

For prenuptial agreement services in Carlsbad, call GYL at (858) 371-5569 or reach us via our online contact form.

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.

GYL Can Help You Create a Sound, Lasting Prenup Agreement

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.

If you are considering a prenuptial agreement and have questions, or if you need a qualified lawyer to review an existing prenup, call our office (858) 371-5569 or contact us online.

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