San Francisco Prenuptial Agreement Attorneys
The Law Offices of Keith F. Carr can draft your prenuptial agreement, and will follow through with you and your future spouse for disclosure of all assets , debts, and liabilities. We will work with opposing counsel, if necessary. Finally, we will help you complete the prenuptial agreement process.
In addition, we can review a prenuptial agreement completed by another attorney. The agreement must be in writing to be effective in California. Learn more about prenuptial agreements….
Do You Need An Attorney?
No, an attorney isn’t needed to draft the arrangement. However, each party must be represented by independent legal counsel at the time of signing the agreement or after being advised to seek counsel, expressly waive representation in writing.
How much do Prenups cost?
The Law Offices of Keith F. Carr will charge you affordable fees for your prenuptial agreement. In most cases, the fee will be a fixed fee, below what other attorneys charge. If an hourly fee will be charged, we will communicate with you and tell you why the need for an hourly fee arrangement. Attorney Keith F. Carr has 30 years of experience.
How long does it take?
- In addition to drafting the prenuptial agreement, the parties must disclose to each other all of their assets, debts, and liabilities. Under California law, for contracts after January 1, 2020, a party must be given 7 calendar days from the time the prenuptial contract was first presented to him or her and time the agreement was signed. This 7-day rule gives the couple time to carefully review their commitments and to further deliberate.
- Before signing the agreement, each party must provide a fair, reasonable, and full disclosure of the party’s property and financial obligations of the other party. If a couple waives the disclosure requirement, California law provides that the contract will be unenforceable where the contract is unconscionable and therefore, one-sided.
- Lastly, to be valid, the prenuptial contract must be voluntarily signed by the parties and cannot be unconscionable, basically unfair.
- The prenup will be effective when you marry and will last the length of the marriage. Of course, it can be modified during marriage. In the event of a divorce, the contract will determine the terms of the divorce.
Why should you consider or sign a prenuptial Agreement?
A California prenup may deal with a couple’s assets and debts, spousal support, management rights as to property, and may determine the disposition of property on divorce or death.
Assets and Debts
The future spouses may agree upon the rights and obligations of each of them in any property, debts, or liabilities of the other. The parties may agree on disposition of their separate property. Separate property is property owned before the marriage by one spouse, property acquired during marriage by a spouse by gift, bequest, devise, or descent, and the rents, issues, and profits of any of the above. Community property is all property (e.g. real estate or personal property) acquired by the couple during the marriage.
The prenuptial contract may provide for spousal support. Also, spousal support may be waived.
Control of Property
The prenup may determine who can manage and control property. In general, each spouse owes the other a fiduciary duty as to the control of property, and must deal fairly and in good faith.
Property On Death Or Divorce
The agreement may determine the disposition of property upon the couple’s divorce or death. As to a divorce, the prenup can control the outcome of the divorce proceeding and avoid substantial family law litigation.
The parties may agree to the making of a will or living trust to carry out the provisions of the prenuptial understanding.
What Cannot Be Included?
Child support cannot be affected by a prenuptial contract. Also, it cannot include criminal matters, among other things.
As part of planning your marriage, you definitely want to speak to a competent attorney first.