San Diego Prenuptial Agreement Attorney

What is a Premarital Agreement?

Many people in San Diego have businesses, significant assets, or children to support. As a result, premarital agreements – also known as prenuptial agreements or "prenups" – have become a wise choice as couples enter a marriage. 

What is a Prenuptial Agreement

A premarital agreement outlines the needs and expectations of each party and allows for couples to discuss financial matters before marriage.

It is wise to create a well-crafted and clearly defined premarital agreement in the event of an unforeseen future divorce, since prenuptial agreements help prevent what would otherwise be an expensive and litigious end to the marriage.

At Moore, Schulman & Moore, APC, our San Diego prenup lawyers draft prenuptial agreements and review them to ensure fairness and compliance with the California Uniform Premarital Agreement Act.

Call (858) 492-7968 today to arrange for an initial consultation with a San Diego prenup attorney. We Serve San Diego, Del Mar & All of San Diego County!

What Is a Prenuptial Agreement?

A prenuptial agreement, often referred to as a prenup, is a legal document created by two individuals before they get married. Its purpose is to establish the financial and property rights of each spouse in the event of divorce or death.

Prenuptial agreements typically outline how assets, debts, and income will be divided in case the marriage ends. They can cover a wide range of financial matters, including property owned before the marriage, assets acquired during the marriage, spousal support (alimony), and the distribution of inheritance.

While prenuptial agreements are often associated with wealthy individuals seeking to protect their assets, they can be beneficial for couples of all financial backgrounds. They provide clarity and protection for both parties, ensuring that each spouse's financial interests are addressed and respected.

However, prenuptial agreements have limitations and may not be enforceable in certain circumstances, such as if they were signed under duress or if they contain unfair provisions. Therefore, couples considering a prenup to seek legal advice to ensure that the agreement is fair, valid, and meets their needs.

If you wish to sign a prenuptial agreement, our San Diego prenuptial agreement lawyers can take care of all the details on your behalf to ensure the agreement is comprehensive and personalized.

What are the Requirement for a Valid Prenuptial Agreement in California?

In the state of California, premarital agreements  follow contract law formation principles and are required to be in writing and signed by both parties to be effective. Also, the contract must be made voluntarily and knowingly with full financial disclosure exchanged between both parties.

In addition to this, there is a mandatory seven day waiting period once you have received it before you can sign it. This period is meant to review all the terms and financial disclosures of the agreement.

How to Get a Prenup in San Diego County

• Decide if a prenuptial agreement is right for you – Do you and/or your partner have assets and/or property that you want to protect in the event of a divorce? If so, then a prenup may be right for you.
• Hire a prenup lawyer near you – Even for simple, straightforward prenups, it is important to have a San Diego prenuptial attorney review the documents and ensure that no important points were missed and no mistakes were made

• Discuss your assets with your fiancé(e), partner, or spouse – With your attorney's guidance, talk to your fiancé(e), partner, or spouse and decide what exactly will happen to all of your assets, properties, accounts, debts, and belongings in the event that your marriage ends.
• Draft your prenuptial agreement – Your prenup lawyer can then help you draft an airtight prenuptial agreement that outlines everything you and your fiancé(e), partner, or spouse agreed upon.
• Finalize the prenup – Your prenup must be it writing, voluntarily signed and dated by both parties, and notarized.  
  Be sure to make several copies of the final document, as well, for safekeeping.