Prenuptial agreements can be a valuable tool to clearly lay out each spouse's rights to certain property. In simple terms, prenuptial agreements state what assets are community property and what assets are separate property. Separate property will not be subject to division if the parties later divorce. Prenuptial agreements are particularly useful when one or both spouses have substantial assets, or if one or both spouses have children from a previous relationship.
Prenuptial Agreement Lawyers in San Diego
Prenuptial agreements, however, are only effective if they can hold up to a challenge in court. It is important that you hire a San Diego prenuptial agreement lawyer who will prepare an "iron-clad" document that will be able to withstand a later legal challenge. Prenuptial agreement attorney Daniel Martin of The Law Offices of Daniel J. Martin can draft a prenuptial agreement that is carefully tailored to your needs. Call 619-717-2072 or e-mail our law firm to discuss your rights as to prenuptial agreements.
California Prenuptial Agreement Laws
In order for a prenuptial agreement to meet the standards set out by California law, it must meet the following criteria:
- Each party must fully disclose all of their assets and debts.
- Each party must enter into the agreement voluntarily.
- There must be seven days between when each party receives the prenuptial agreement and when each party enters into the agreement.
- Each party must have a lawyer or must expressly waive their right to legal counsel.
When our law firm prepares a prenuptial agreement, we will first request a statement of each party's assets and debts. We will also request each party's tax returns from the past few years. While this requirement may seem burdensome, this helps our law firm make a complete disclosure of all your assets and debts.
Further, California law has recently changed as to the nature of trusts and how they are viewed in the context of a prenuptial agreement. If you have placed a family trust into a prenuptial agreement, you run the risk of converting property you intended to be separate property into community property. Our law firm can help you devise separate trusts and other instruments that will honor the intent of a trust.
Contact Our San Diego Prenuptial Agreement Lawyers
Call The Law Offices of Daniel J. Martin • 619-717-2072 or Toll Free at
Call or e-mail our law firm to discuss your rights as to prenuptial agreements.
