San Diego Prenuptial Agreement Lawyers
Protecting Your Interests

One of the fastest-growing needs for those who are about to get married in California is the need to execute a legal and proper prenuptial agreement.  There are many reasons for this growing need, including the fact that California is a community property state.  This means that many assets and earnings would be subject to division under this set of laws despite the parties’ clear intentions otherwise.  Fortunately, a prenuptial agreement can protect the interests and intent of the parties.  If you are considering this type of agreement, you need to seek the help of experienced San Diego prenuptial agreement lawyers.  Below is an introduction to this process.

Governing Law

California has an entire body of laws that are meant to govern the processes and standards that relate to marriage, divorce and other issues.  This body of laws is known as the California Family Code.  Within the California Family Code is a law that deals directly with prenuptial agreements, and it is known as the Uniform Premarital Agreement Act.  This law lays out what is permissible and what is not in terms of prenuptial agreements, and anyone who wants to be sure that their agreement is valid needs to make sure that the terms of their prenuptial agreement do not violate any aspect of the Uniform Premarital Agreement Act.

Why Prenuptial Agreements are Executed

Prenuptial agreements are executed for two main reasons – to protect the financial interests of either or both parties and to avoid the complications that could arise if a divorce occurs that would deal with property and asset division.  Generally, it is one party that needs this type of protection based on the overall financial worth and earning potential he or she has when compared to the other.

What Can Be Protected by a California Prenuptial Agreement

Generally, most assets and property can be protected by a California prenuptial agreement as long as it’s clear as to what is being protected and the intent of the parties is also straightforward and defined.  For instance, any property and assets that the parties possess before a marriage can be protected even though they would likely be kept separate in a divorce decree.

However, some items, property and assets tend to become part of a marital estate when certain events take place, and a valid prenuptial agreement can override these events so that these economic interests remain separate.  It is even possible to protect a party’s earnings that are brought in during a marriage as long as the ultimate distribution of funds and assets in regards to these earnings is equitable.

The biggest problem that arises with prenuptial agreements tends to relate to basic contract law.  If a party only agrees to this contract because of duress or because of fraud, the agreement can be invalidated.  Likewise, a California prenuptial agreement cannot have the effect of prompting the dissolution of the marriage.

Overall, there are many things to consider regarding California prenuptial agreements, and if you care enough to protect your interests, you need to take a few steps to make sure that you won’t encounter any surprises down the road.  If you’re ready to take this step, contact the San Diego prenuptial agreement lawyers at the Law Offices of James D. Scott today to schedule an initial consultation.