Creating Effective Prenuptial Agreements
California courts will enforce premarriage agreements that are properly drafted and executed, but there are a variety of ways that the validity of prenuptial agreements may be subject to challenge. If you want to protect your rights with a prenuptial agreement, it is critical that you retain a knowledgeable family law attorney.
Barry Schneider is a Family Law Specialist Attorney with extensive experience in the drafting and review of prenuptial agreements. If you require legal counsel for the draft or review of a prenuptial agreement, contact our law office in San Francisco.
Key Issues Impacting The Enforceability Of Prenuptial Agreements
As your attorney, Barry Schneider will take the time to address the issues that impact the enforceability of prenuptial agreements. Such issues include:
- Financial disclosure: Each party must make a full financial disclosure or the other party may argue that he or she did not knowingly or intelligently enter into the agreement.
- Opportunity for legal counsel: Each party must have sufficient time to engage the assistance of legal counsel for the purpose of reviewing the prenuptial agreement. If the prenuptial agreement waives or alters a party’s right to spousal support, California law requires that the party whose rights were altered must have had separate legal counsel prior to signing the prenuptial agreement. Otherwise, the provision limiting a party’s right to spousal support is not enforceable.
- Valid execution: Both parties must sign the agreement and it must be properly notarized.
Learn more about prenuptial agreements in California.
Put Our Experience To Work For You
We have been representing clients in family law matters in San Francisco and the Bay Area for more than 30 years. Our attorney was certified in the first class of Family Law Specialists by The State Bar of California. He is respected in the legal community for his professionalism and integrity, having been selected for inclusion in Northern California Super Lawyers list.
Get A Free Consultation
We serve clients in San Francisco and throughout the Bay Area. We offer a free consultation by phone or email. To speak with a San Francisco prenuptial agreement attorney, contact our law office at 415-781-6500. Appointments are also available for San Mateo and Marin and Alameda County clients. You may also contact our firm by email.