Prenuptial & Postnuptial Agreement Services in San Diego
Prenuptial are contracts between future spouses, who are thinking about getting married. Many times spouses want to handle their property division during marriage or in the event of a dissolution, or death of a spouse differently than the current state law, a prenuptial agreement might be an appropriate option for achieving the desired result. Also reducing to writing thereby clarifying the desired differences in advance can save significant attorney’s fees resolving issues should a dissolution occur.
Spousal support can also be decided in the prenuptial agreement, if the spouse whose rights are limited, has independent legal representation at the time of signing. However, should the courts find the waiver of spousal support unconscionable, they will not allow it.
Child support is never a part of the prenuptial agreement. Under California statute the right of a child to support may not be adversely affected by a premarital agreement.
The prenuptial agreement only becomes effective upon marriage. For domestic partnerships, the date of registration is equivalent to the date of marriage.
A premarital agreement must be in writing and signed by both parties. It can be modified or revoked after the couple is married, but again, only in writing, with signatures by both spouses.
Contact us today or give us a call at (858) 282-0442 to get your free 30-minute consultation towards starting your San Diego prenuptial or postnuptial case!
Validity of Prenuptial Agreements
The agreement must be signed voluntarily, absent any coercion. The party presented with the agreement must either seek advice from an independent legal counsel or must in writing waive the right to seek legal advice.
Additionally, before the marriage, the presented spouse must have the final agreement in their possession and have had it reviewed by counsel for at least seven days before signing the agreement. The future spouses must provide each other with fair, reasonable, and full disclosure of their financial obligations and property unless they waive the right to such information in writing. If the presented party has no legal representation at signing, they must also be given an appropriate explanation as to the contents of the agreement.
Hassett Family Law represents clients in preparing prenuptial, postnuptial and cohabitation agreements.
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Lisa Hassett’s dedication made a tough divorce easier for a client I referred. She truly fights for the best results with care and compassion!
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Lisa Hassett guided my friend through a complex situation with fairness and skill. Truly exceptional advocacy and results!
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Lisa Hassett provided the support, professionalism, and care I needed during my dissolution. Grateful for her dedication and highly recommend!
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Take the Next Step with Hassett Family Law
Whether you are considering a prenuptial or postnuptial agreement, planning ahead with Hassett Family Law gives you the confidence and security you need. Our dedicated legal team in San Diego is ready to guide you through the process with knowledge and care.
Contact us today to schedule a consultation and take the first step towards protecting your future with a customized marital agreement.