Prenuptial Agreement Attorney - S.L. Pitts PC

Pre-nuptial agreements often carry a negative or unromantic stigma, as if the couple is already preparing for a divorce before they even make it to the altar. At S.L. Pitts, our prenuptial agreement attorney law firm in Bel Air, CA has the skill and experience to help you tailor a document that supports your needs during your marriage and if it comes to a close. We can provide a calm and neutral influence on what might otherwise be uncomfortable conversations.

We are client-focused and dedicated to guiding you through all matters in family law. Whether you are seeking a prenuptial agreement or divorce, our California family law attorneys will be at your side every step of the way. Contact us to learn more about how we can help today.

S.L. Pitts Is the Smart Choice for Prenuptial Agreements

Handling the delicate nature of negotiating prenuptial agreements takes experience, compassion, and tenacity. Your attorney must be able to successfully protect your interests while reaching a satisfactory compromise so that both parties benefit. If you have children from a previous relationship, the agreement must also look out for their inheritance and other interests.

At S.L. Pitts, our prenuptial agreement attorneys near Bel Air have a decades-long background in creating contracts that meet your needs and can stand up to California’s two-prong test for marital agreements. We help you avoid issues later on by carefully tailoring your agreement within the law. We can also advise you on existing agreements if you decide you need to renegotiate.

We strive to do more than create a single document for you and your spouse-to-be. Our goal is to become a trusted partner for all your family law needs, especially if you need us to manage a complex divorce. We only handle family law cases, meaning we offer a deeper understanding of your options and knowledge of how to support you throughout the process.

Requirements for Creating a Prenuptial Agreement in California

When you and your partner decide to create a prenup, you should engage in careful discussions to develop what you believe is the right document for your mutual needs. In California, your contract must also align with the Uniform Premarital Agreement Act, which requires the following:

Both Parties Must Enter the Agreement Voluntarily: If one party is forced to sign, is under duress when signing, or is not mentally competent to sign, the agreement is invalid.
Both Parties Must Fully Comprehend the Agreement: If one individual cannot read the document (for instance, they do not speak fluent English), they must receive a copy in their native language or in a form they can comprehend.
Both Parties Must Fully Disclose Their Information and Assets: The agreement could be invalid if one person later discovers the other withheld vital details that would have impacted their willingness to sign and marry, such as hidden assets or a criminal conviction.
Both Parties Must Retain Legal Counsel: Each individual should have their own prenuptial agreement attorney review the document, although they can sign a waiver for their right to counsel.
The Agreement Cannot Violate State or Federal Law: All parts of the agreement must adhere to public policy.
The Agreement Must Be Fair to Both Parties: If a court finds the agreement is unconscionable, it can invalidate the prenup. An unconscionably unfair document would substantially favor one party’s requests over the other’s.
Both Parties Must Wait 7 Days to Sign: If you sign the agreement sooner than 7 days, it may be invalid, since the law requires you to take adequate time to review and consider the conditions.

You do not have to work with an attorney if you prefer managing the process by yourself, but it is important to know that California law is complicated in this area. Consider the old saying, “An ounce of prevention is worth a pound of cure.” Partnering with our Bel Air prenuptial agreement lawyers from the beginning may reduce your worries if you need to divorce later.

Why You Might Need a Prenuptial Agreement

In the midst of dreaming about your future, you may overlook having some of the harder conversations, such as those about how to raise children or divide responsibilities. If you already have substantial assets or children from another relationship, a prenuptial agreement can help you clarify what happens if there is a divorce. Some other reasons you may want to pursue a prenup include:

You already own your own home and want to retain it.
You have an estate plan that leaves funds and property to your children and want to protect their inheritance.
You own or have shares in a family business.
You and your fiancé plan to start a business or purchase rental property.
You want to assign debts and liabilities appropriately.
You want to establish your rights to spousal support after a divorce.

Every prenup will be as unique as the couple creating it. As the marriage changes and grows, it may be wise to periodically review the contract and potentially renegotiate it. Above all, crafting this document allows you both to have open and honest talks about what you both want and expect from your union.

Spousal Support Clauses in California Prenuptial Agreements

Spousal support can be a complicated part of your prenup, especially if your financial situation has changed dramatically during your marriage. For example, if you and your spouse enjoyed a lavish lifestyle at first, the amount you included for monthly support payments may be out of reach 20 years later.

If one spouse wishes to contest the spousal support, the court will determine if the amount is fair, based on the following factors:

Each spouse’s current income and earning capacity
The couple’s current lifestyle
Whether each partner had legal counsel when they signed the agreement
Whether each partner waived their right to spousal support

Even if all other clauses in the prenup are enforceable, the court may decide to negate or adjust spousal support. Your Bel Air prenuptial agreement lawyer from S.L. Pitts can advise you on how to handle challenges to the contract during your divorce proceedings.

What Prenuptial Agreements Cannot Control

While you can determine who will retain property, funds, and spousal support, there are some areas where prenups cannot be used.

For example, you cannot establish who will receive custody of your children or what they will pay in child support. You also cannot include any penalties if one spouse is at fault for the divorce (such as for adultery).

If your fiancé attempts to include language about child support or custody, it is vital that you speak with a prenuptial agreement attorney immediately. Likewise, if you have already signed a prenup and are heading for divorce, your lawyer can help you argue against the agreement’s validity, if appropriate.

How Your Prenup Might Affect Your Divorce

While prenups are inherently intended to reduce issues during divorce, people and circumstances often change so much that the agreement becomes outdated. Ideally, you and your fiancé discussed your expectations for finances and bringing up your children while writing the document, but things may have taken a turn during the marriage. That is when divorce may occur, and the prenup comes into question.

A well-written and periodically reviewed prenup can provide a template to speed the divorce process. If you have an agreement on dividing assets and funds, you can move toward the next chapter of your life more quickly. Yet, if an attorney or the court finds the prenup is unfair or unconscionable, you may face a more prolonged battle or even a formal divorce trial.

Because California laws are very clear on matters such as asset division, child support, and child custody, working with an attorney will be extremely important. The family court judges will always side with the children’s best interests, but if it is just you against your spouse, you must stand up for your own rights. We can handle the details on your behalf and reduce your stress during divorce.

Can Your Spouse Contest Your Prenuptial Agreement?

Spouses can contest prenuptial agreements in certain instances. As mentioned above, you must take care to meet certain legal demands so the contract is fair to both parties. That is the first test of California’s two-pronged process to assess a prenup. If the agreement deviates from what a court would order, it may not be fair and is thus not enforceable.

The second prong is whether the parties entered the agreement “knowingly and voluntarily.” If either spouse can show they were coerced, under duress, mentally incompetent, or not aware of materially important details, they may argue against the prenup’s validity. The court may also negate the agreement if the couple signed it in less than 7 days.

Unfortunately, the law and court precedents are what could best be called “squishy” on the matter of prenups. There are no hard and fast rules, so every case is considered individually, which can benefit you or may work against you. The best approach is to create a prenup according to the law and with fair intentions, then maintain that mindset if your spouse decides to contest it during the marriage or divorce.

What If I Am Already Married and Don’t Have a Prenup?

If you did not consider a prenup before walking down the aisle, there is still hope if you feel you want to protect your interests. Couples can have the same conversations and create a postnuptial agreement. Much like prenups, they can describe how you will divide your assets and retain certain properties during divorce.

There are a few more restrictions on postnuptial agreements, since couples typically have already acquired property in both their names or commingled their funds. In California, divorce laws make these items communal property, meaning they must be divided equally. If you have inherited property in your name only or have lottery winnings you have not shared with your spouse, you can claim it as separate property in your postnup.

Those who come into sudden wealth or other holdings may want to consider a postnuptial agreement to help them manage things fairly if they divorce. Doing so can remove much of the emotional component, allowing spouses to stay more friendly and respectful, which is especially important if there are children involved.

How Our Bel Air Attorneys Can Help You in the Prenuptial Process

At S.L. Pitts, our team only handles family law concerns, allowing us to focus on how to best serve every client for their individual needs. We base our work on our core values, which are:

Your interests come first
You receive honest and clear advice
We treat all parties involved and the court with respect
We take a creative approach to developing the right agreement for you
We strive for excellence and the highest quality we can provide in all our work
Your case gets the benefit of peer review by our entire team

With over 25 years of experience, we have found this approach to be the most successful for our clients and our firm. By carefully and skillfully applying the law for your interests, we minimize the stress and worry you may have in family law matters. Many cases take more time, in accordance with the law, but we will act as quickly as possible while caring for your interests.

Contact Our Bel Air Prenuptial Agreement Attorney Law Firm

At S.L. Pitts, we believe that marital agreements can actually be the foundation of a stronger relationship, allowing both parties to know exactly where they stand in the event their union ends. By taking action ahead of time, couples can consider the future clearly and with intent, cutting down on the confusion that may surround a divorce.

We take a measured approach to every client’s case, reviewing it carefully during your consultation so that you understand how the law may impact your choices. We keep you updated as we progress, so you are not left wondering what is happening. Use our online form to arrange a consultation with a prenuptial agreement attorney in Bel Air, CA.