San Jose Prenuptial Agreement Lawyer

No one anticipates getting a divorce when they decide to get married. Unfortunately, it’s not uncommon for this to be the outcome. When a couple’s marriage ends, a variety of issues are typically resolved with the fundamental laws of California. For instance, a judge will often order spousal support and split community property right down the middle. However, a premarital agreement can change this outcome altogether. If you’re considering creating such a contract, a prenuptial agreement lawyer in San Jose, CA may be able to help.

At Argyris Mah, LLP, our legal team appreciates when clients come to us for help with premarital agreements. This isn’t because there’s an expectation that your marriage will end. The simple fact is that more couples are taking this approach in order to protect themselves. Our law firm believes being prepared greatly simplifies family law issues, so we’re more than happy to help you create a marital agreement that assists you with making important decisions ahead of time. Contact our San Jose prenuptial agreement lawyers today to schedule a free consultation and to learn how we can help.

What Are the Requirements for a California Prenuptial Agreement?

The Uniform Premarital Agreement Act (UPAA) dictates the requirements of prenuptial agreements. California enacted the law in 1986, and various changes have occurred to the law since then. However, several provisions make up the “meat and bones” of the statute and have remained the same since its passage. When a couple divorces, their premarital agreement will play a substantial role as long as all the following requirements have been met:

•  The contract is written. California doesn’t recognize oral agreements.
•  Both parties must sign the agreement.
• Signing the document must be done voluntarily.
• Provisions cannot violate California law or public policy.
• Each party to the agreement must have time to review it.
•  The contract must also be signed by a notary.

These are the basics of prenuptial agreement law in California. However, it’s important to understand that state law is far more in-depth. If you attempt to handle such a complicated legal issue on your own, you may face some unfortunate surprises if you end up in court. Even a mistake by one party can derail the entire process. Don’t let this happen to you. Contact our prenuptial agreements law firm today to discuss your situation during a free initial consultation.

What Can Invalidate a Prenuptial Agreement in California?

One of the most important reasons people seek our legal assistance is the fact that a prenuptial agreement can be invalidated. As discussed in the previous section, these contracts must abide by California law. If they don’t, the entire document could be void. However, it’s important to note that most issues will only make specific provisions of the agreement invalid. For instance, the prenup cannot include decisions regarding child custody and child support. These judgments are made by a judge based on the children’s best interests. Such decisions are not left to parents at the beginning of their marriages.

However, there are certain issues that could invalidate the entirety of a premarital agreement. For instance, the agreement must follow all applicable contract laws in California. This means that one spouse cannot be improperly influenced or made to sign through mistake or fraud. Amendments to the UPAA further state that a spouse must have at least a week to review the prenup. They must also receive a complete accounting of their partner’s assets. These amendments were made to protect each person’s financial rights, and in a community property state like California, such requirements can have significant implications.

Don’t risk a mistake that could lead to an invalid arrangement. Contact our prenuptial agreement law office in San Jose, CA today.

How Can Spousal Support Affect Your Prenup?

As discussed in the previous section, including certain provisions in a prenuptial or postnuptial agreement can invalidate them. However, decisions regarding spousal support are not one of them. Even though you can’t dictate child support payments ahead of time, you’re well within your rights to set rules for alimony. However, these provisions are unenforceable when the target spouse does not have independent counsel to assist.

While this can invalidate spousal maintenance arrangements, it will not invalidate the entire agreement. All other provisions will be enforceable as long as you have an otherwise valid prenuptial agreement. And since prenups are considered valid as long as they don’t violate state laws and policy, you should have no issue enforcing these arrangements if your marriage ends in divorce.

Let our San Jose prenuptial agreement attorneys ensure you’ve taken all the appropriate steps to create a valid contract.

Do You Need a Family Law Attorney for Prenups?

Many people wonder whether they need a San Jose prenuptial agreement lawyer in their situation. This is particularly the case if both soon-to-be spouses are on board and ready to sign the agreement voluntarily. However, speaking with an experienced legal professional can still prove invaluable. This is particularly the case when complex estates and finances are involved. After all, you don’t want to leave issues like business assets, retirement accounts, and commingled properties up to chance. Even a single mistake can prove costly in the process.

If you and your partner’s assets are simple and straightforward, though, you could still benefit from the help of legal professionals with experience in prenuptial agreements. As discussed in the previous sections, there are a large array of problems that can invalidate your marital contract. Honestly, listing all such issues is beyond the scope of this page. Our San Jose prenuptial agreement lawyers can review your agreement and ensure you don’t experience any surprises down the road. Contact us today to learn more.

Contact a Prenuptial Agreement Lawyer in San Jose, CA Today

Between 2010 and 2022, the rate of marriages with a premarital agreement in place jumped from 3% to 15%. This substantial increase goes to show that there’s nothing wrong with safeguarding your financial future. It’s great if a couple stays married permanently and a prenup never has to affect property division or other issues during a divorce. However, these agreements can prove invaluable in the unexpected event of a divorce. In fact, they often benefit both parties by helping them avoid conflict during extensive litigation.

At Argyris Mah, LLP, we believe that an ounce of prevention is worth a pound of cure. You can avoid countless financial issues and other complications by signing a simple document before tying the knot. However, it’s important to understand the requirements of these documents and how they’ll affect a potential divorce. Our law office can help with this endeavor. Contact us today by calling (408) 214-6366 to schedule your free consultation. Our prenuptial agreement lawyers in San Jose, CA are here to assist.