prenuptial agreements
PRENUPTIAL AGREEMENT ATTORNEY SERVING THE SAN FRANCISCO BAY AREA
A prenuptial agreement is one of the most practical legal tools available to couples entering marriage. It is not a prediction of divorce. It is a thoughtful, proactive conversation about finances that protects both parties and reduces the potential for costly conflict down the road.
The Geller Firm drafts and reviews prenuptial agreements for clients throughout the Bay Area, including Alameda, Contra Costa, Marin, San Francisco, Santa Clara, San Mateo, and Solano counties. Every client works directly with Attorney Michael Geller.
WHAT IS A PRENUPTIAL AGREEMENT?
A prenuptial agreement, also called a premarital agreement, is a legally binding contract entered into by two people before they marry. It establishes each party's rights and obligations with respect to property, finances, and support in the event the marriage ends in divorce or death.
A well-drafted prenuptial agreement can address ownership and use of property brought into the marriage, how property acquired during the marriage will be characterized and divided, spousal support obligations, responsibility for existing and future debt, and inheritance rights.
ARE PRENUPTIAL AGREEMENTS ONLY FOR WEALTHY COUPLES?
No. While asset protection is a common motivation, prenuptial agreements serve a broader purpose. They are valuable for anyone who owns a business, has children from a prior relationship, carries significant debt, expects an inheritance, or simply wants to enter marriage with a clear and honest understanding of each party's financial picture.
Going through the process of drafting a prenuptial agreement requires full financial disclosure and open conversation about money. Many couples find that this process strengthens their relationship rather than undermining it.
WHAT ARE THE LEGAL REQUIREMENTS FOR A PRENUPTIAL AGREEMENT IN CALIFORNIA?
California law imposes specific requirements for a prenuptial agreement to be enforceable. The agreement must be in writing and signed by both parties. It must be entered into voluntarily, without duress, fraud, or undue influence. It cannot be unconscionable, meaning it cannot be so one-sided as to be fundamentally unfair to one party. Both parties must have received complete financial disclosure from the other before signing. At least seven days must pass between the time a party receives the agreement and the time they sign it, allowing adequate time to review it with an attorney. Both parties should be represented by independent legal counsel, or the party without counsel must sign a separate written waiver acknowledging they were informed of their right to an attorney and chose to proceed without one.
Failure to satisfy any of these requirements can render the agreement unenforceable at precisely the moment it matters most.
HOW DOES A PRENUPTIAL AGREEMENT INTERACT WITH CALIFORNIA COMMUNITY PROPERTY LAW?
Without a prenuptial agreement, California's community property rules apply by default. This means that most assets and debts acquired during the marriage are presumed to be owned equally by both spouses and divided 50/50 upon divorce, regardless of who earned the income or whose name is on the account.
A prenuptial agreement allows couples to modify these default rules. Spouses can agree that certain assets will remain separate property, that income earned during the marriage will be treated differently than the default, or that property division in the event of divorce will follow a framework of their own design rather than the statutory default.
WHAT CAN A PRENUPTIAL AGREEMENT NOT DO?
There are important limitations. A prenuptial agreement has no legal authority over child custody or child support. California courts determine custody based on the best interests of the child at the time of the dispute, not based on prior contractual arrangements between the parents. Child support is treated as the child's right under California law and cannot be waived or predetermined by parental agreement.
Any provision in a prenuptial agreement that attempts to address custody or child support will not be enforced.
WHAT ABOUT POSTNUPTIAL AGREEMENTS?
A postnuptial agreement serves the same general purpose as a prenuptial agreement but is entered into after the marriage has already begun. The legal requirements are similar, though postnuptial agreements face additional scrutiny from California courts given the existing marital relationship between the parties. They can be a useful tool when circumstances change significantly during a marriage, such as the launch of a business, receipt of a substantial inheritance, or a significant shift in each spouse's financial situation.
SPEAK WITH A CALIFORNIA PRENUPTIAL AGREEMENT ATTORNEY
If you are considering a prenuptial or postnuptial agreement, having an experienced attorney draft or review the document is essential to its enforceability. The Geller Firm offers confidential consultations in person or virtually throughout the Bay Area. You will speak directly with Attorney Michael Geller.
Contact The Geller Firm today to schedule your consultation.
