San Jose Prenuptial Agreement Attorneys

Protecting Your Assets & Your Future

At Moreno Family Law Firm, we understand that the idea of a prenuptial agreement can be a sensitive topic for many couples. However, we also know that a prenup can be a valuable tool for protecting your assets and your future. Our San Jose prenuptial agreement lawyers are here to help you and your partner draft a fair and enforceable prenup that meets your needs.

Call (408) 676-1814 or contact us online to schedule a consultation with our team today.

What Is a Prenuptial Agreement?

A prenuptial agreement, or prenup, is a legally binding contract that is entered into by a couple before they get married. This contract outlines how the couple’s assets and debts will be divided in the event of a divorce or legal separation. It can also address other important issues, such as spousal support (alimony) and more.

Some of the most common issues addressed in a prenuptial agreement include:

• How property will be divided in the event of a divorce
• Whether one spouse will be required to pay spousal support
• How the couple’s debts will be divided
• How property will be divided in the event of one spouse’s death
• How property will be divided in the event of a legal separation

It is important to note that a prenuptial agreement cannot address child custody or child support. These issues are determined by the court based on the best interests of the child at the time of the divorce or separation.

Why Get a Prenuptial Agreement?

Many people are hesitant to get a prenuptial agreement because they believe it is a sign that they do not trust their partner or that they are planning for the marriage to fail. However, this is not the case. A prenup is simply a way to protect your assets and your future in the event that your marriage does not work out.

There are several benefits to getting a prenuptial agreement, including:

• Protecting your assets: If you have significant assets, such as a home, a business, or an inheritance, a prenup can help you protect these assets in the event of a divorce.
• Protecting yourself from debt: If your partner has significant debt, a prenup can help ensure that you will not be responsible for this debt in the event of a divorce.
• Protecting your estate plan: If you have children from a previous relationship or marriage, a prenup can help ensure that your estate plan is protected and that your children will receive the inheritance you intended for them.
• Reducing conflict: By addressing important issues, such as property division and spousal support, in a prenuptial agreement, you can help reduce the potential for conflict and stress in the event of a divorce.

At Moreno Family Law Firm, we understand that the idea of a prenuptial agreement can be a sensitive topic for many couples. However, we also know that a prenup can be a valuable tool for protecting your assets and your future. Our San Jose prenuptial agreement lawyers are here to help you and your partner draft a fair and enforceable prenup that meets your needs.

Call (408) 676-1814 or contact us online to schedule a consultation with our team today.

What Makes a Prenuptial Agreement Enforceable?

While a prenuptial agreement can be a valuable tool for protecting your assets and your future, it is important to understand that not all prenups are enforceable. In order for a prenuptial agreement to be enforceable, it must meet certain requirements.

Some of the most important requirements for a prenuptial agreement include:

• It must be in writing: A prenuptial agreement must be in writing in order to be enforceable. Verbal agreements are not legally binding.
• It must be signed by both parties: Both parties must sign the prenuptial agreement in order for it to be enforceable. If one party is found to have signed the agreement under duress or without reading it, the agreement may not be enforceable.
• It must be entered into voluntarily: A prenuptial agreement must be entered into voluntarily by both parties. If one party is found to have been coerced or forced into signing the agreement, it may not be enforceable.
• It must be fair and reasonable: A prenuptial agreement must be fair and reasonable in order to be enforceable. If the agreement is found to be grossly unfair to one party, it may not be enforceable.
• It must be properly executed: In order for a prenuptial agreement to be enforceable, it must be properly executed. This means that both parties must fully disclose their assets and debts, and the agreement must be signed well in advance of the wedding.

At Moreno Family Law Firm, we can help you draft a prenuptial agreement that meets all of the necessary requirements for enforceability. We can also help you and your partner negotiate the terms of your prenup and ensure that your rights and interests are protected.

How to Get a Prenuptial Agreement

Getting a prenuptial agreement is a relatively straightforward process. However, it is important to work with an experienced San Jose prenuptial agreement attorney to ensure that your rights and interests are protected.

Here are the steps to getting a prenuptial agreement in California:

1. Discuss the idea with your partner: Before you can get a prenuptial agreement, you will need to discuss the idea with your partner. It is important to have an open and honest conversation about why you want a prenup and what you hope to achieve with it.
2. Work with an attorney: Once you and your partner have agreed to get a prenuptial agreement, you will need to work with an attorney to draft the agreement. Your attorney can help you understand what can and cannot be included in your prenup and ensure that it meets all of the necessary requirements for enforceability.
3. Disclose your assets and debts: In order for a prenuptial agreement to be enforceable, both parties must fully disclose their assets and debts. This means that you and your partner will need to provide each other with a complete list of your assets and debts.
4. Review the agreement: Once the prenuptial agreement has been drafted, you and your partner will need to review it carefully. It is important to make sure that you understand all of the terms of the agreement before you sign it.
5. Sign the agreement: Once you and your partner are satisfied with the prenuptial agreement, you will need to sign it. Both parties must sign the agreement in order for it to be enforceable.
6. File the agreement with the court: In California, prenuptial agreements do not need to be filed with the court. However, it is a good idea to file the agreement with the court to ensure that it is enforceable.

At Moreno Family Law Firm, we can help you navigate the process of getting a prenuptial agreement. We can help you draft a fair and enforceable agreement that meets your needs and ensure that your rights and interests are protected.

What Happens If You Sign A Prenup And Get Divorced? 

If you sign a prenuptial agreement (prenup) and later get divorced, the terms of the prenup will generally dictate how certain issues related to the divorce are handled. Here are some key points to consider:

• Property Division: A prenup typically outlines how property and assets acquired during the marriage will be divided in the event of a divorce. This can include provisions for the division of real estate, financial accounts, investments, and other assets. The prenup may specify whether certain assets are considered separate property or marital property, which can impact how they are divided.
• Spousal Support (Alimony): A prenup can also address the issue of spousal support (alimony). It may specify whether one spouse will receive alimony payments from the other and under what circumstances. The prenup can outline the amount, duration, and conditions of any spousal support payments.
• Debts: Prenups can address how debts incurred during the marriage will be divided between the spouses in the event of a divorce. This can include credit card debts, loans, mortgages, and other liabilities.
• Enforceability: It's important to note that for a prenup to be enforceable, it must meet certain legal requirements. These requirements vary by jurisdiction but generally include full disclosure of assets and liabilities by both parties, the absence of coercion or duress when signing the agreement, and the agreement being in writing and signed by both parties.
• Legal Review: It's advisable for each party to have their own independent legal counsel review the prenup before signing to ensure that their rights are protected and that they fully understand the implications of the agreement.
• Challenging a Prenup: In some cases, one party may seek to challenge the validity of a prenup during divorce proceedings. This can happen if they believe the agreement was signed under duress, if there was fraud or misrepresentation, or if the terms of the agreement are unconscionable or unfair. The outcome of such challenges will depend on the specific circumstances of the case and the laws of the jurisdiction.

In summary, if you sign a prenup and later get divorced, the terms of the prenup will generally govern how issues such as property division, spousal support, and debts are handled. It's important to understand the legal implications of a prenup and seek legal advice if you have any questions or concerns about your rights and obligations under the agreement.

Call (408) 676-1814 or contact us online to schedule a consultation with our team today.