San Diego Prenuptial Agreement Lawyer
Protecting Your Assets Through a Prenup Agreement in CA
Before getting married, many couples may choose to draft prenuptial agreements. Deciding to create a prenup is a very personal decision made by a couple, and the Law Office of George Gedulin is here to help you through this delicate process. In order to ensure that your assets are fully protected, you will want an experienced lawyer on your side. While it is possible that you may come to an agreement in private, we highly recommend that you hire an San Diego prenuptial agreement attorney to examine your prenuptial agreement to ensure that your rights and your best interests are protected and that the agreement is valid.
What Is a Prenup?
A prenuptial agreement is a contract between a couple that is completed and signed before the marriage takes place, and it becomes effective as soon as the marriage is officiated. Prenups help one or both of the spouses to protect their assets so if they divorce or separate, they do not lose those assets. These agreements are most common with wealthier individuals who have real estate, more than $50,000 in assets, an income of $100,000 or more per year, a business, or other important assets, although couples of any means can benefit from these legal agreements.
Benefits of a Prenuptial Agreement in California: Do I Need a Prenup?
Divorce rates have gone up significantly, resulting in many couples splitting half of all of their assets. With so much at stake, you should protect your property by ensuring that it will not be lost in the case of a divorce or separation.
The benefits of a prenup during a marriage or following a divorce, separation, or death include:
- Both parties’ assets are protected
- One spouse will not inherit the debts of the other
- Each party can determine how their property will be passed on in case of death
- Each party can define financial rights and responsibilities during the marriage
- Both parties are effectively avoiding costly and drawn out disputes
Since one of the main contributors to divorce is disagreements or stress over finances, participating in a prenuptial agreement can be incredibly beneficial for a marriage. If couples enter their marriage fully aware of the financial situation and property ownership of each spouse, they are more likely to avoid future disagreements. Having a plan for your assets and knowing that they are protected may be the best thing you can do for your marriage.
What Cannot be Included in a Prenup
You should be aware that a judge will be carefully reviewing your prenuptial agreement and if they deem it completely unfair, they will not approve it. There is a limit to what rights you can forfeit in a prenuptial agreement. You may not include anything illegal or anything that is against public policy, such as your children’s rights. Since prenups are created to address financially-based issues, no personal matters, such as details about how to raise children or where the family will vacation, may be included. You also cannot include any provisions that encourage divorce in your contract. A judge will look for these factors along with others to ensure that your prenuptial agreement is valid before signing off on it.
San Diego Lawyers Looking out for You Through Prenup Matters
If you are entering into a prenuptial agreement, we at the Law Office of George Gedulin highly recommend that you enlist the help of experienced San Diego prenuptial agreement lawyer. Entering a marriage is a special time for many, and we want to help make the process smoother for you. Allow us to inform you of your rights and help you to protect your assets so you can get married with peace of mind. Our family team is backed by over two decades of experience dealing with cases just like yours, and our extensive experience makes us the perfect law firm for you.