Prenuptial Agreements

A prenuptial agreement (also known as a premarital contract) is a legal document that establishes how assets will be divided in the event of a divorce.

Why You May Need a Prenuptial Agreement

• Protect significant assets accumulated before the marriage
• Safeguard a family business
• Clarify responsibility for pre-existing debts
• Protect children from previous marriages
• Establish clear expectations regarding property division
• Reduce potential conflict in the event of a future divorce

What Can Be Included

A prenuptial agreement can address:

• Designation of assets as separate or marital property
• Division of property in the event of divorce
• Waiver or limitation of spousal support
• Responsibility for pre-existing debts
• Provisions regarding inheritances and gifts

What Cannot Be Included

Prenuptial agreements cannot address child custody or child support. These matters are determined based on the best interests of the child and cannot be decided by private agreement.

Requirements for Validity

For a prenuptial agreement to be enforceable:

• It must be in writing
• It must be signed voluntarily by both parties
• Each party must have the opportunity to review the agreement with independent legal counsel
• It cannot be unconscionable or fraudulent at the time of execution
• There must be full disclosure of all assets and liabilities

What You Should Know

A well-drafted prenuptial agreement can protect both parties and provide certainty in the event of a future divorce. It is important that each party retains their own independent attorney. Our family law team in Burbank and San Diego, California can guide you through the process with care and professionalism.