Prenuptial Agreement

At Voloshko Law Office, PC in Walnut Creek, CA, our family law attorneys draft and review prenuptial agreements for clients throughout the Bay Area, including Alameda, Contra Costa, Santa Clara, San Francisco, and San Mateo counties. A prenuptial agreement (also called a "prenup" or premarital agreement) is a legally binding contract entered into by two people before they get married.

1. Determine the Need for a Prenuptial Agreement

Consider creating a prenup if:

   •    One or both parties have significant assets, debts, or income.

   •    There are children from previous relationships to protect inheritance rights.

   •    One party owns a business or expects to inherit a family business.

   •    To clarify financial responsibilities during the marriage.

2. Legal Requirements for Prenuptial Agreements

Under California's Uniform Premarital Agreement Act (UPAA), a prenuptial agreement is valid if it meets the following conditions:

   •    Voluntary Agreement: Both parties must sign the agreement willingly, without coercion or undue pressure.

   •    Written Agreement: Oral prenups are not valid; the agreement must be in writing.

   •    Full Disclosure: Both parties must fully disclose their financial assets, debts, and income before signing.

   •    Independent Counsel: Each party should have their own attorney, or they must explicitly waive their right to legal counsel in writing.

   •    Seven-Day Waiting Period: California law requires a seven-day waiting period between the presentation of the final agreement and signing.

   •    Fairness: The agreement must not be unconscionable or grossly unfair at the time it was created.

3. Steps to Create a Prenuptial Agreement

A. Initial Discussions

   •    Openly discuss the need for a prenup with your partner.

   •    Agree on what issues you want the prenup to address (e.g., property division, spousal support, or specific exclusions).

B. Hire Attorneys

   •    Each party should hire their own attorney to ensure their interests are protected.

   •    Attorneys help ensure compliance with California law and ensure the agreement is enforceable.

C. Financial Disclosure

   •    Both parties must exchange a complete and accurate list of their assets, liabilities, and income.

   •    This ensures transparency and prevents future claims of fraud.

D. Drafting the Agreement

   •    Work with your attorney(s) to draft the agreement.

   •    Include provisions regarding property division, spousal support, inheritance rights, debt responsibility, and business ownership.

   •    Note: Child custody or child support cannot be included, as these are determined by California courts based on the child's best interests.

E. Review and Revise

   •    Both parties and their attorneys review the agreement and negotiate terms if necessary.

F. Execution

   •    After the seven-day waiting period, both parties sign the final agreement in the presence of their attorneys.

   •    Notarize the agreement to verify its authenticity.

4. Enforceability of Prenuptial Agreements

For a prenup to be enforceable in California:

   •    It must meet all legal requirements outlined above.

   •    It cannot be signed under duress or without informed consent.

   •    The terms must be fair and reasonable.

   •    Any waiver of spousal support must not be unconscionable.

5. Postnuptial Agreements

If a prenup is not created before marriage, a postnuptial agreement can be signed after marriage to address similar financial and property matters.

6. Cost of a Prenuptial Agreement

The cost varies depending on the complexity of the financial situation, time required for negotiation and drafting, and attorney fees (typically $2,500–$10,000 or more per party).

Contact Voloshko Law Office, PC at (925) 705-9796 or schedule a consultation to speak with a prenuptial agreement attorney in Walnut Creek, CA.