How To Ensure A San Jose Prenuptial Agreement Is Enforceable

Prenuptial agreements in San Jose help protect the legal rights of people getting married. It clarifies expectations regarding money matters and details each party’s rights to property and assets if the couple divorces. However, a prenup only works if it conforms to all legal requirements under the California Family Code. Our San Jose prenuptial agreement lawyer explains how to ensure yours is valid and enforceable.

Legal Requirements for a Valid Prenup in California

Getting a prenuptial agreement is a smart move for San Jose couples. It encourages open communication about financial matters, clarifies attitudes regarding money that could impact you as a couple, and sets realistic expectations regarding savings, investments, and lifestyles. It also protects each party’s rights in the event of a divorce and specifies how property and assets get divided.

However, in order to be valid, prenuptial agreements in Santa Clara County must meet specific criteria outlined under California Family Code Section 1615:

• Written Agreement: A San Jose prenup must be in writing and signed by both parties.
• Voluntary Consent: Both spouses must enter the prenup voluntarily, without coercion, threats, or undue pressure.
• Full Disclosure: Each party must provide a full disclosure of their individual property, assets, and debts.
• Independent Legal Representation: Both parties should hire their own lawyers to review the prenup. If not, they must sign a written waiver acknowledging they waived this right.
• Seven-Day Rule: The party presented with the prenup must have at least seven days to review and consider it before signing.

Failing to meet these requirements could lead a Santa Clara County Family Court judge to declare your prenup invalid.

How To Strengthen The Enforceability Of A San Jose Prenup

Even when a prenuptial agreement meets California’s basic legal requirements, there are additional steps you can take to strengthen it and prevent future legal challenges. As an experienced San Jose prenuptial lawyer, we recommend:

• Be Fair: Your prenup should not be excessively one-sided or unfair to one party, as a court may refuse to enforce it.
• Avoid Personal Matters: Prenups should focus on financial and property matters. Courts will not enforce provisions regarding child custody, time-sharing, or personal lifestyle clauses.
• Include a Severability Clause: This allows enforceable parts of your prenup to remain valid even if one portion is deemed invalid.
• Update Your Prenup When Needed: Significant financial changes, such as a business acquisition or inheritance, may require modifications to keep your prenuptial agreement relevant and enforceable.

By taking these precautions, you can improve the chances that your prenup will hold up in court.

Get Legal Help Ensuring Your San Jose Prenuptial Agreement Holds Up In Court

A well-drafted and properly executed prenuptial agreement in San Jose protects your financial security and peace of mind, both now and in the event of a divorce. To ensure yours is enforceable or if you need help drafting a new one or updating an existing prenup, contact Argyris Mah, LLP. Schedule a consultation today with our experienced San Jose prenuptial agreement lawyer.

Sources:

leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=4.&title=&part=5.&chapter=2.&article=2.

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=1615