San Francisco Prenuptial & Postnuptial Agreement Attorney
Prenuptial and postnuptial agreements are a common fixture of marriages in the Bay Area. People working in the tech sector put in years of hard effort to make their fortunes and need to protect their interests. Other people might have inherited family money that they likewise need to protect. But pre and postnuptial agreements are not just for the already-rich or soon-to-be-wealthy; couples create these agreements for all sorts of reasons. The family law attorneys at Cardwell Steigerwald Young LLP welcome clients from the tech sector, but we also represent individuals and families of all circumstances throughout the San Francisco Bay Area, including Silicon Valley, Marin, Oakland and the East Bay.
If you have assets to protect, children from a previous marriage to look after, or if you want assurances and shared expectations regarding what might happen in case of divorce, Cardwell Steigerwald Young LLP can help you negotiate, draft, or review a prenuptial or postnuptial agreement that meets your needs. With a team of Super Lawyers and a Board-Certified Specialist in Family Law working for you, you’ve got over 50 years of combined experience in California family law dedicated to meeting your needs efficiently and effectively. Contact our San Francisco prenuptial & postnuptial agreement attorneys today.
What Prenuptial Agreements in California Can Do for You
Prenuptial agreements are a powerful tool to help parties enter into marriage knowing they will be properly taken care of and not taken advantage of in the event things don’t work out down the road. With a solid prenuptial agreement in place, divorcing couples can avoid a fight or heated courtroom battle, and they can make decisions from a more rational and less emotional perspective that will protect them but also be practical and acceptable to both parties. Couples with disparate incomes or assets or who have children from a previous relationship are especially inclined to want a prenuptial agreement, but these premarital agreements can benefit any couple deciding to marry. Prenuptial agreements in California can accomplish all of the following:
- Set out each party’s rights and obligations regarding marital and separate property
- Regulate the right to manage and control property, including buying, selling, or encumbering real estate or personal property
- Determine the disposition of property upon divorce, separation, death or other event
- Require the making of a will or trust
- Delineate the ownership and beneficiary designation of a life insurance policy
Our prenuptial agreement attorneys can help you create a document that meets your needs and will stand the test of validity and enforceability if it is ever needed. We’ll draft your agreement in accordance with California’s premarital agreement law, which requires all of the following for a sound and legally binding contract:
- The agreement must be in writing and signed by both parties.
- Both parties should enter into the agreement voluntarily.
- The agreement must be signed without duress, coercion, fraud or undue influence.
- Each party should have adequate time to review the agreement before signing.
- Each party should have independent attorney representation when the agreement is made. This is required for any spousal support provision to be effective.
- The parties must have the legal capacity to sign a contract.
- Each party should be provided with a reasonable and full disclosure of the other party’s assets and debts.
- The agreement cannot decide matters related to child support or child custody or be otherwise inconsistent with public policy.
- The agreement cannot be so unfair or one-sided when it was created that it is considered “unconscionable.”
The law surrounding prenuptial agreements is complex and gives many examples of when an agreement might be deemed involuntary or otherwise unenforceable. Our attorneys are skilled and knowledgeable in California’s premarital agreement laws and can ably represent you in creating a valid and enforceable agreement that meets your needs.
There are many reasons why a couple might choose to execute a postnuptial agreement instead of a premarital one. They might not have had time to execute a prenuptial agreement before marriage in accordance with California legal requirements, or it might not have seemed like a priority before marriage. But at some point during the marriage, one spouse’s company suddenly takes off or goes public, a spouse incurs a gambling addiction or substance abuse problem, or the marriage encounters a rough patch leading one spouse to require assurances in a marital agreement in order to stay together and try to work things out. The attorneys at CSY Family Law Group can represent you in creating a postnuptial agreement to protect your marriage and your rights.
Contact Cardwell Steigerwald Young LLP Today
If you find yourself needing a prenuptial or postnuptial agreement, our dedicated expert family law attorneys can help. Call our Bay Area prenuptial & postnuptial agreement attorneys today.