Carlsbad Family Law Attorneys

The Truth About Prenuptial Agreements (Prenups) in the State of California

If you are planning on getting married and you have accumulated a significant amount of property or savings, you might be wondering if a prenup is a wise move. A prenup, or prenuptial agreement, can provide you and your spouse-to-be with a clear picture of what will happen to your property and finances should the two of you split in the years to come.

California follows the Uniform Premarital Agreement Act (UPAA), which was signed into law in 1986. The law states that written prenuptial agreements that are signed by both parties will become active the moment the couple marries. The agreement will establish guidelines regarding the couple’s present and future property rights, and any other matters related to the union.

Prenup Limitations

One thing a prenuptial agreement cannot cover is a child’s right to support, nor can a prenup remove the court’s power to control child custody and visitation following marriage dissolution.

Prenup Principles

The principles of a prenup closely follow those of contract law, which means that all agreements must have valid consent. This means that the party signing must have the mental ability to consent to the agreement, and the consent cannot be the result of fraud or undue influence. Nor can a prenup be signed by mistake.

Do You Have a Significant Amount of Property and Plan to Get Married? Prenup Could Be a Wise Move for You.

There have been amendments to the UPAA in recent years that have affected the powers of a prenup. For example, a prenuptial agreement can be enforced against a spouse only if the spouse has received complete information about all property and finances belonging to the other spouse before signing the agreement.

The signing spouse must also have had at least seven days between first receiving the document and signing it. The reasoning behind this aspect of the law is to give the person adequate time to consult with a qualified family law attorney.

The spouse signing must be represented by a separate attorney as the other spouse when signing the agreement, unless the spouse received information in writing about all terms and effects of the agreement, including all rights and obligations the agreement would nullify. Either that, or the spouse must have signed a separate document acknowledging receipt of such information and identified the person who provided said information, and expressly waived the right to an attorney.

It should be noted that, even if all the above terms are satisfied, unless the spouse who signed the agreement was represented by an attorney, any provision of the agreement affecting rights to future alimony payments will not be enforceable under the law.

What Can a Prenup Include?

As long as the above requirements are met, you as a couple can agree to modify or give up rights to spousal support in the event of divorce. This can be the case as long as the result is not unfair or “unconscionable” at the time of enforcement.

For example, if the situation is extreme, as in one spouse would be forced to go on welfare while the other lived comfortably, the court probably wouldn’t uphold the agreement.

Courts typically only allow couples to waive spousal support when the two are of equal education and intelligence, and both are self-sufficient in property and earnings at the time the agreement is signed.

A prenup can also change the nature of separate or community property. If one spouse owned the house the couple moved into before marriage, for example, a prenup could allow the home to be community property in the event of divorce. Normally, if one spouse owned the home pre-marriage, that spouse would retain sole ownership upon divorce.

Other terms can include inheritance rights and provisions in a will or trust, as long as the terms of the prenup in no way affect the support rights of minor children.

With so many technicalities and room for error, it is advisable that you speak to an experienced family lawyer before considering or signing a prenuptial agreement.

To learn more about prenups, Schedule Your Free Consultation with Griffith, Young & Lass today, serving the areas of Carlsbad, and San Diego, California.

© 2017 Millionairium and Griffith, Young & Lass. Authorization to post is granted, with the stipulation that Millionairium and Griffith, Young & Lass are credited as sole source. Linking to other sites from this document is strictly prohibited, with the exception of herein imbedded links.

Categories

Meet Our Team 

Honest. Fearless. Bold.
  • John N. Griffith, Esq., CFLS
  • Catie E. Young, Esq., CFLS
  • Amy J. Lass, Esq., CFLS
  • Shirin Asgari, Esq.
  • Eric Cowdery, Esq.
  • Jeffrey Wittliff, Esq.
  • Joshua Yee, Esq.
  • Shaudi Malekzadeh, Esq.
  • John N. Griffith, Esq., CFLS John N. Griffith, Esq., CFLS

    Partner

    John Griffith has practiced exclusively in the area of family law since 2009. John is a Certified Family Law Specialist certified as an expert in the area of family law by the California Board of Legal Specialization. Prior to opening Griffith, Young & Lass, he worked as the managing partner of one of the largest family law firms in North County San Diego.
    John N. Griffith, Esq., CFLS Photo
  • Catie E. Young, Esq., CFLS Catie E. Young, Esq., CFLS

    Partner

    Catie E. Young excels in child custody cases and move-away trials. She has a unique approach to child custody cases and clients of Griffith, Young & Lass tend to gravitate toward her in these cases. Since joining the firm, she has continuously brought her zeal and compassion to representing clients in child custody and domestic violence cases, and in December 2011, she became a partner at Griffith, Young & Lass.
    Catie E. Young, Esq., CFLS Photo
  • Amy J. Lass, Esq., CFLS Amy J. Lass, Esq., CFLS

    Partner

    Amy Lass, a certified family law specialist, was born in New York and raised in San Diego, California. Amy graduated from Cal Poly, San Luis Obispo in 2003 with a B.S. in Economics with a concentration in Enterprise Accounting. Amy went on to earn her law degree from Thomas Jefferson School of Law and graduated cum laude in 2006.
    Amy J. Lass, Esq., CFLS Photo
  • Shirin Asgari, Esq. Shirin Asgari, Esq.

    Associate

    Attorney Shirin Asgari has a broad spectrum of legal experience and has handled matters in family law, criminal law, business law, and national security law. Currently, she focuses on family law matters and is a strong advocate for the rights of her clients. She dedicates time and attention to the needs of each client and the unique circumstances their case presents.
    Shirin  Asgari, Esq. Photo
  • Eric Cowdery, Esq. Eric Cowdery, Esq.

    Associate

    Eric Cowdery earned his bachelor’s and Master’s degrees before earning his JD from Golden Gate University as part of the Honors Lawyering Program. He was admitted to the California Bar Association in 2013 and has been working diligently in the field ever since. Taking a personalized approach to each case, Eric Cowdery is committed to working with clients to help them through the often confusing and complex legal process of divorce.

    Eric  Cowdery, Esq. Photo
  • Jeffrey Wittliff, Esq. Jeffrey Wittliff, Esq.

    Associate

    Jeffrey Wittliff is extremely attentive to his cases and believes in thorough preparation and the value of regular client communication. Behind the scenes, he has an extensive background in research related to all areas of family law, propounding discovery when necessary, and negotiation to settle cases with opposing parties.
    Jeffrey  Wittliff, Esq. Photo
  • Joshua Yee, Esq. Joshua Yee, Esq.

    Associate

    Attorney Joshua Yeereceived his Bachelor of Arts degree in Political Science, from the University of California, San Diego. Joshua went on to receive his Juris Doctor degree from University of San Francisco. His experience working with a local Certified Family Law Specialist solidified his desire to become a family law attorney. Since becoming an attorney, Josh has exclusively practiced in family law.
    Joshua  Yee, Esq. Photo
  • Shaudi Malekzadeh, Esq. Shaudi Malekzadeh, Esq.

    Associate

    Shaudi Malekzadeh is a Carlsbad family law attorney at Griffith, Young & Lass, advocating for the rights and interests of Southern California families in a variety of family law cases, such as child custody, alimony, spousal support, and the division of community property. She is committed to delivering effective legal representation to our clients, aggressively advocating for their legal rights, and offering compassionate legal advice.
    Shaudi  Malekzadeh, Esq. Photo

Our Results Speak for Themselves

Over 100 5-Star Reviews Throughout Our Social Media Platforms
  • You cannot find a better law firm.

    “I cannot say enough good things about John Griffith and this law firm. Each person i interacted with was responsive, intelligent, thoughtful and professional. Attorney Griffith worked very hard to ...”

    - Michelle P.
  • It was the best decision I’ve made yet and hopefully, it will be yours too.

    “She doesn’t back down from anyone. It was the best decision I’ve made yet and hopefully, it will be yours too.”

    - Ian R.
  • Understanding, accessible, and I was very happy with the outcome of my case. If I could give a higher rating I would!

    “Easy to work with, forthcoming about the process, set realistic expectations, and always kept cost in mind.”

    - Jennifer P.
  • All three lawyers worked together on the issues surrounding my case, which helped greatly when I was in need of answers or support.

    “The GYL team is always prompt at returning calls & emails. From personal experience, I can tell you that they will not step away from your case until it's finished.”

    - Kelsey L.
  • I couldn’t have made it without them! I highly recommend them!

    “GYL has been an extraordinary support and backing in my divorce. Being a male in the military, the process for divorce and custody is difficult. GYL was extremely helpful, and I was able to full custody of my children. That alone is such a monumental feat.”

    - Frankie S.
  • Worth every penny! My custody case went as stress-free as it could possibly be.

    “I hate seeing anyone go through custody battles but if you’re in that situation and need someone who is trustworthy and great at what they do, then I swear this is the place to get the help!”

    - Emily B.
  • I highly recommend GYL if you are ever in need of a family law attorney.

    “No matter who I corresponded with they were always knowledgeable of my case and quick to respond.”

    - Kimberley F.
  • Highly professional and supportive in a very uncertain time in my life.

    “My clearance was granted without any additional issues. I'd recommend this legal team to any Soldier needing help with their clearance.”

    - K. Brooks
  • Always willing to listen to your concerns. I would highly recommend.

    “Compassionate and kind, however, he will fight for you and your best interests. He is calm and calculated and extremely smart.”

    - Ann M.
  • Extremely helpful, responsive, and reasonable and got the job done amidst tenuous circumstances.

    “She and her team were extremely compassionate, sensitive with me while concurrently advocating strongly on my behalf.”

    - Jeremy R.
  • I felt like she was practical and knowledgeable and most importantly, she listened.

    “The professional and succinct assistance was a much-needed breath of fresh air in the maze of hurdles and complications with our family law case.”

    - David R.
/

Why GYL? 

Turn to a Team that Does It Best
  • We're Leaders in Our Field

    From case planning to preparation, to superior courtroom presence, our clients can be sure that they will walk into the Courtroom prepared and with the best chance of success.

  • Client Centered & Results Oriented

    Our representation is tailored to the unique circumstances of each client. We deploy the GYL strategic case trajectory dynamic to ensure the best chance at success at the most reasonable cost. 

  • Brilliant, Hard-Working & Honest

    We don't believe in wasting our client's time and money. Helping people is what drives us to excel at our craft. We first identify the goals and interests of each client, we then develop an efficient and effective case plan aimed at achieving those goals.

  • Responsible & Ethical Practices

    We believe in a responsible and ethical practice and stick to our values regardless of the situation. We're transparent and don't just tell our clients what they want to hear, unless it's what we believe, even if it may deter them from moving forward. We stand by our team's expertise and will always be upfront and honest with our clients. 

Get Started Today

Fill Out the Form Below or Call 858-371-5569 to Speak with an Experienced Attorney
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.