Prenuptial Agreement Family Matters. When It Really Matters.

Carlsbad Prenuptial Agreement Attorneys

Helping Couples Protect Their Hard-Earned Assets in North San Diego County

Navigating the process of creating or enforcing a prenuptial agreement can feel overwhelming, but it doesn’t have to be. Whether you want to protect your assets before entering a marriage or need assistance enforcing or modifying an existing premarital agreement, hiring a trusted prenuptial agreement lawyer is paramount to safeguarding your rights and achieving a fair outcome.

At Burke & Domercq, our compassionate attorneys understand the importance of securing your financial future. As an AAML-recognized firm with decades of experience, we have a reputation for providing sound counsel to couples in North San Diego County. Our exclusive focus on family law empowers us to pursue favorable resolutions for our clients so they can move forward with confidence and clarity.

Whether it’s a family business or significant assets, our lawyers can help you protect your financial security in Carlsbad. Contact us online to request a case evaluation.

What Is a Prenuptial Agreement?

A premarital or prenuptial agreement is a legally binding contract between two individuals planning to marry. It outlines how assets, debts, and property will be handled during the marriage or in the event of a divorce (Cal. Fam. Code § 1610-1617). While prenuptial agreements can offer additional clarity and financial security for couples, seeking sound counsel is critical to drafting a valid contract that safeguards your specific interests.

Understanding the Uniform Premarital Agreement Act (UPAA)

Since 1986, California has followed the Uniform Premarital Agreement Act (UPAA) for prenups. The purpose of this act is to ensure that premarital agreements are honored across state lines, specify which topics can be covered, and define the formalities for executing a premarital agreement.

When Do Prenups Expire?

Prenuptial agreements don’t expire on their own unless the agreement specifies otherwise. Contract terms are valid for the entire marriage or until the couple amends or revokes them. Our attorneys have a deep understanding of these legal nuances to help you draft or enforce the terms of your premarital agreement.

Reasons to Consider a Prenuptial Agreement

Contrary to popular belief, premarital agreements aren't reserved for wealthy individuals. A prenuptial agreement can provide clarity and security to spouses from all walks of life and financial backgrounds.

You may benefit from a prenuptial agreement if:

You or your spouse have significant assets.

For couples with substantial assets (business shares, real estate, investments, etc.), a prenup can dictate how property will be divided in a high-asset divorce.

You or your spouse are business owners.

California is a community property state, meaning your spouse may be entitled to at least half of your business in a divorce. A prenup can help you protect your rightful share.

One partner makes significantly more income.

If you or your spouse earns significantly more than the other, a prenuptial agreement can help determine complex issues related to spousal support (alimony).

One spouse plans to be a stay-at-home parent.

If you plan on pausing or leaving your job to raise a family, a prenup can offer vital protection to help you rebuild your career and find your financial footing after a divorce.

Can a Prenuptial Agreement Cover Child Custody or Support?

No. Child custody and child support cannot be determined by a prenuptial agreement under Cal. Fam. Code § 1612. Any provisions that affect the right to custody of children or the determination of child support are unenforceable because family courts are legally obligated to prioritize the child’s best interests when determining custody and child support, as opposed to relying on prior agreements made by the parents.

What Are the Criteria for a Legally Enforceable Prenup?

A well-crafted prenup can provide clarity, protect assets, and reduce potential conflicts in the event of a divorce. However, state law has specific requirements that must be met for such an agreement to be upheld by the court. A prenuptial agreement must meet the following criteria to be legally enforceable:

Voluntary agreement. Both parties must sign the prenuptial agreement voluntarily without coercion or duress (Cal. Fam. Code § 1615(a)(1)).
Full disclosure. Each party must fully disclose all assets, debts, and financial obligations before signing the agreement (Cal. Fam. Code § 1615(a)(2)).
Independent legal counsel. Both parties should seek their own lawyers or waive their right to legal representation in writing (Cal. Fam. Code § 1615(c)).
Fairness and equity. The agreement must not be unconscionable at the time of enforcement. Terms that are unjustly one-sided could lead to the prenup being invalidated (Cal. Fam. Code § 1615(a)).
Wait period. Parties must be given at least seven calendar days to review the final agreement before signing to ensure both sides have ample time to consider the terms (Cal. Fam. Code § 1615(c)(2)(B)).

Understanding the components of a legally enforceable prenuptial agreement is crucial for couples considering a premarital contract. As a nationally recognized firm with decades of experience, you can trust Burke & Domercq to protect your financial security in family court.

Can I Modify a Prenuptial Agreement After Marriage?

Yes, a prenuptial agreement can be modified or revoked after marriage through a postnuptial agreement. However, both parties must agree to the changes in writing. The modified agreement must follow the same requirements as the original, including voluntary execution and full disclosure of assets. Consulting a qualified attorney is paramount to navigating the legal process efficiently.

Can a Prenuptial Agreement Protect My Business?

A well-drafted prenuptial agreement can protect a business you own or plan to start by ensuring it remains separate property in the event of a divorce. Our prenuptial agreement lawyers are well-versed in these laws to help you safeguard your assets and secure your future.

What if My Spouse Failed to Disclose Hidden Assets or Debts?

Financial transparency is essential for any legally valid prenuptial agreement. If your spouse fails to disclose hidden assets, the prenup can be invalidated. Hiring a trusted attorney is critical to protecting your rights, gathering evidence, and building a compelling case to hold the other party accountable.

When Is a Prenuptial Agreement Unenforceable in California?

A prenuptial agreement is considered unenforceable if:

One party was coerced.
The agreement was signed under duress.
A judge deems the agreement “grossly unfair.”
One party fails to fully disclose financial information.
One party had fraudulent intent to deceive or mislead the other (e.g., manipulating the terms and conditions to suit the interests of the deceptive party at the other’s expense).

If you suspect that the terms of your prenuptial agreement were violated under the UPAA, don’t hesitate to contact Burke & Domercq for skilled representation. We can fight tirelessly for the fair outcome you deserve.

Do I Need a Lawyer to Sign a Prenuptial Agreement?

While couples aren’t legally required to have a lawyer for prenuptial agreements, securing independent legal representation is highly recommended to ensure each party understands their legal rights and obligations (Cal. Fam. Code § 1615(a)). Your lawyer can assist with:

Understanding the legal process.
Drafting a valid agreement tailored to your specific goals.
Ensuring compliance with state laws and disclosure requirements.
Negotiating fair terms between spouses to reach a mutual agreement.
Avoiding potential pitfalls, such as hidden assets or contract invalidation due to preventable oversights.

Secure Your Financial Future with Burke & Domercq

When your future is on the line, put decades of experience on your side by partnering with Burke & Domercq. Since 2002, our firm has built a reputation for providing compassionate representation tailored to your unique legal situation. From drafting comprehensive agreements to negotiating a fair resolution, our award-winning attorneys are dedicated to helping individuals and couples navigate the complexities of family court in North San Diego County. Our goal is to provide the personalized and strategic counsel you need and deserve to move forward with your life.

Don’t leave your financial future to chance in Carlsbad. Call (760) 766-2284 to schedule a consultation with our highly skilled prenuptial agreement lawyers.

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