San Francisco Prenuptial Agreement Lawyers

Serving People in Marin, San Mateo, Contra Costa, & Alameda Counties

Some couples ask, “Why sign a prenup?” A prenuptial agreement is designed to save litigation time and costs in the event of a divorce, LGBTQ dissolution, or registered domestic partnership dissolution. These agreements offer peace of mind, clarity, and security. They allow two people contemplating marriage or a registered domestic partnership to enter a clear written agreement controlling how financial matters are handled during the relationship, upon death, and upon dissolution. Knowing what to expect can strengthen the bonds of trust between the parties.

California law governing premarital agreements is complex, and navigating it requires experience and attention to detail. Prenuptial and domestic partnership agreements must meet specific requirements to be valid under California state law. At Van Voorhis & Sosna LLP, we use precision, experience, and care to help ensure those requirements are met. If you’re considering a prenuptial agreement, we offer complimentary consultations to help you understand your options.

Call now to schedule your free consultation with our experienced San Francisco prenuptial agreement lawyers and take steps to protect your financial future. Contact us online or by phone at (415) 539-0422.

Benefits of a Prenuptial Agreement

A prenuptial agreement is a legal document that outlines the division of assets, property, and financial responsibilities in the event of divorce or separation. A well-drafted prenup can protect both parties and can help prevent costly disputes down the road.

Key benefits of a prenuptial agreement include:

• Clarity and certainty: A prenup clearly outlines each party’s rights and responsibilities, reducing the potential for future conflicts and misunderstandings.
• Protection of assets: If one or both parties bring significant assets or debts into the marriage, a prenup can help protect those interests in the event of divorce.
• Financial planning: A prenuptial agreement can address financial matters such as alimony, spousal support, and other financial arrangements, providing security for both parties.
• Preservation of family wealth: If one or both parties have family businesses or inheritances, a prenup can protect those assets and help them remain within the family.

What a Prenuptial Agreement Covers

A prenuptial agreement identifies property each party brings into the marriage or partnership and controls how income acquired during the marriage will be characterized and managed. It can include provisions for the division of debt, division of real property, medical coverage, life insurance, and payment of spousal support upon dissolution. An agreement can also regulate rights to manage, control, buy, sell, or encumber real and personal property, and can require the creation of a will or trust to carry out its provisions. One important limit under California law: child support and child custody cannot be controlled by a prenuptial agreement.

We regularly draft premarital agreements and domestic partnership agreements, bringing the experience and knowledge these negotiations require. We understand their sensitive nature and are skilled at protecting our clients’ interests without putting the relationship at risk.

The family law attorneys at Van Voorhis & Sosna LLP represent both traditional couples and LGBTQ and registered domestic partnership clients, bringing the same care and dedication to every engagement.

Legal Requirements for a Valid Prenuptial Agreement in California

For a prenuptial agreement to be enforceable in California, it must meet specific legal requirements. The agreement must be executed voluntarily by both parties, with full disclosure of assets, liabilities, and financial circumstances. Both parties must have the opportunity to consult with their own independent legal counsel, or waive that right in writing for most provisions. The agreement must also be in writing and signed by both parties before the marriage takes place.

Fairness & the Unconscionability Standard

California requires that the agreement be fair and not unconscionable at the time of execution. An agreement found to be grossly unfair to one party may be deemed unenforceable by a court. An agreement that leaves one spouse with no financial support while the other retains all assets is the kind of arrangement that can trigger an unconscionability challenge.

Key California Family Code Provisions

Two provisions of California’s Family Code are worth knowing. Under Family Code §1612(c), any spousal support waiver or modification is only enforceable if the affected party was represented by independent legal counsel at the time of signing. Unlike most other prenup provisions, this requirement cannot be waived. Under Family Code §1615(c)(2)(B), a mandatory seven-consecutive-calendar-day waiting period applies between the date the final agreement is presented to a party and the date it is signed, for agreements executed on or after January 1, 2020. This waiting period cannot be waived, even when both parties have independent counsel.

For San Francisco couples, any dispute over enforceability would be heard in San Francisco Superior Court. Consulting with a San Francisco prenuptial agreement attorney before signing can help you evaluate whether your agreement meets California’s requirements and how it may be treated if it’s ever challenged.

The Process of Creating a Prenuptial Agreement

Creating a prenuptial agreement involves several steps, each requiring careful consideration. Here’s an overview of the typical process:

• Initial Discussion: The first step is an open, honest conversation with your spouse-to-be about your financial situation and goals, including how assets, debts, and income will be managed going forward.
• Full Financial Disclosure: Both parties must fully disclose their assets, debts, and other financial interests. This transparency is essential to the agreement’s validity and enforceability.
• Negotiating Terms: Based on those discussions, you and your partner negotiate the terms, including property division, whether spousal support will be paid, and other financial considerations. Having legal counsel at this stage is critical to ensuring both parties’ interests are represented.
• Drafting the Agreement: A San Francisco prenuptial agreement lawyer drafts the agreement to support enforceability and compliance with California law.
• Review and Signing: Both parties review the final draft and, if everything is in order, sign the document. Each party should consult with independent legal counsel before signing to make sure they fully understand the terms.
• Finalizing the Agreement: Once signed, the prenuptial agreement becomes legally binding and is kept with the parties’ legal counsel or another trusted individual for safekeeping.

Why Engaging a San Francisco Prenuptial Agreement Attorney Matters

Prenuptial agreements become significantly more complex when significant assets, business interests, or children from prior relationships are involved. Bay Area couples often face additional considerations that require particular care, including tech industry equity compensation, startup ownership interests, and high-value real estate. Without a prenuptial agreement, California’s community property rules generally split income and assets acquired during marriage 50/50 upon divorce. A prenuptial agreement attorney familiar with California Family Code and San Francisco Superior Court processes can help assess whether an agreement meets enforceability standards and reflects the full picture of what each party brings to the marriage.

How a Prenuptial Agreement Lawyer Can Help

Specifically, our attorneys can:

• Provide guidance on what to include based on your unique circumstances.
• Help you negotiate fair and balanced terms with your spouse-to-be.
• Support full financial disclosure and help reduce the likelihood of potential disputes later.
• Draft the agreement in compliance with California law to support enforceability.
• Advise on any changes or modifications to the agreement in the future.

Why Choose Van Voorhis & Sosna LLP

Our attorneys bring over 100 years of combined experience in family law and include certified family law specialists, a credential held by a small percentage of California attorneys. We represent both traditional couples and LGBTQ and registered domestic partnership clients, and we encourage amicable outcomes while remaining fully prepared to litigate when a client’s interests require it. We treat every client with integrity and dedication, as if they were a member of our own family.

Contact a San Francisco prenuptial agreement attorney at Van Voorhis & Sosna LLP to discuss your situation in a complimentary phone consultation. Reach us online or call (415) 539-0422.