Protecting Your Rights In Prenuptial And Postnuptial Agreements

Under the Uniform Premarital Agreement Act, California law provides that couples who are contemplating marriage or domestic partnership may enter into a written agreement to define their rights, duties and obligations concerning property, debts and spousal support obligations, provided that certain disclosure and other requirements are satisfied. For couples who have already married or formed a domestic partnership, a postnuptial agreement may carry out these same goals.

Have You Been Asked To Sign A Prenup?

If your wife-, husband- or partner-to-be has presented you with a prenuptial agreement, it is critical that you understand what you are signing. Are you giving away your right to a just distribution of property, spousal support and other vital interests? Has your fiancé(e) provided you with sufficient information so you can make an informed decision as to whether to sign the agreement? If retained as your counsel, our attorneys will carefully review the proposed prenuptial agreement, advise you of your rights and put you in a position to make an informed decision.

Protecting Your Assets

If you want to protect your assets with a prenuptial or postnuptial agreement, it is important to retain an experienced family law attorney who is familiar with the governing law, procedures and requirements so that your legal rights will be protected and your goals accomplished. Our lawyers know how to draft prenuptial and postnuptial agreements that protect assets and stand up to scrutiny.

Avoiding Mistakes That Can Undermine Your Agreement

A prenuptial agreement is not something that should be rushed. California law includes specific requirements designed to ensure both parties have enough time to review the terms and make informed decisions.

One of the most important rules is the mandatory seven-day waiting period (The 7-Day Waiting Rule). Under Family Code Section 1615, the final draft of a prenuptial agreement must be in the recipient’s hands for at least seven calendar days before signing.

Presenting a prenup shortly before a wedding or at a rehearsal dinner is one of the easiest ways to invite future challenges and potentially have the agreement thrown out by a Torrance or Los Angeles County court. Proper planning can help avoid claims that a party felt pressured or did not fully understand the agreement before signing.

California law also limits what couples may include in a marital agreement. Certain rights remain subject to judicial review regardless of what the parties agree to on paper. The following are examples of terms that generally cannot be enforced:

• Child custody arrangements: Courts decide custody issues based on the child’s best interests at the time a dispute arises.
• Restrictions on child support: Parents cannot contract away a child’s right to financial support.
• Personal lifestyle provisions: Clauses involving matters such as appearance standards or penalties for infidelity often face significant enforcement challenges.

Because unenforceable provisions can create disputes later, our lawyers carefully review proposed terms and help clients focus on provisions that are more likely to withstand scrutiny.

Postnuptial agreements serve many of the same purposes as prenups, but they are often examined more closely by the courts. Once a couple is married, spouses owe one another fiduciary duties that require honesty, fairness and complete disclosure when financial agreements are involved.

The following factors frequently receive close attention during court review:

• Full financial disclosure: Each spouse should have accurate information regarding assets, debts and income.
• Independent legal advice: Separate counsel can help demonstrate that each spouse understood the agreement.
• Fair negotiation practices: Agreements obtained through pressure or unequal bargaining conditions may face challenges.

Once a couple says “I do,” they enter a confidential, legal fiduciary relationship. Because of that heightened duty, California courts heavily scrutinize postnuptial agreements. If an agreement substantially benefits one spouse without complete transparency and independent legal advocacy, a judge may presume it is invalid. Our attorneys focus on transparency throughout the process.

With our extensive experience, we prepare, review and negotiate agreements with the goal of protecting our clients’ interests while reducing the risk of future disputes. With that insight, when your finances and future matter, our lawyers help ensure every step is handled properly.

We Are Here To Protect Your Financial Interests

Our lawyers are here to draft, review and negotiate prenuptial agreements that protect your interests. To arrange a confidential consultation with an experienced divorce lawyer in Torrance, call our law offices at 310-961-2989 or contact us online.