An Advanced Definition Of The Prenup
A prenuptial agreement, antenuptial agreement or premarital agreement (commonly called prenup or prenupt) is a contract entered into by two people prior to marriage or civil union. The content of a prenuptial agreement can vary widely, but it commonly includes provisions for the division of property, spousal support, and other promises, representations and disclosures should the parties dissolve their marriage.
Very often, people who have substantial property or income will have us create a prenuptial agreement to protect their assets in case of divorce. They may also receive large gifts or an inheritance before or during the marriage that they wish to keep as their separate property.
At the law offices of James D. Scott, Certified Family Law Specialist, our attorneys represent the interests of clients throughout the surrounding areas of California. In practice for more than 30 years, founding attorney James D. Scott is Board-Certified in Family Law by the California Board of Legal Specialization. If you are seeking expert advice, turn to our law firm.
What A Premarital Agreement Can Do
The functional objectives of a prenuptial agreement can include the following:
- Set limitations on spousal support in the event the marriage is eventually dissolved (Do you want to support your spouse after a divorce?)
- Generate and enable specific property rights, including limitations on the creation of community property during the marriage
- Establish the preservation of separate property (e.g., items which the individual owned before the marriage) in order to protect your home and interests
- Define the values of specific items of separate property, such as stock market investments and cars
- Render your income separate property
- Declare who will pay the attorney fees, and who is responsible for court costs, in the event one of the spouses contests the agreement
- Define which state's laws will apply if the premarital agreement is challenged
Prenups Can Be Used To Promote Marriage
The California Supreme Court stated it to be the policy that these agreements are to be enforced as promoting marriage in a world of marital uncertainty. Recent California Supreme Court cases, such as Bonds v. Bonds and Pendleton v. Fireman, made clear the intent of the court to uphold these agreements and thereby promote marriage.
Rooted in California Family Code Section 1600, The Uniform Premarital Agreement Act enables the legal functionality of a prenuptial agreement in the state of California. As recently as early 2007, the appellate court noted the reliability of a premarital agreement in the case of Ackerman, where a value was fixed on the separate property nature of the husband's medical practice.
Contact Our Lawyers Today
To schedule a consultation, call the San Diego office of James D. Scott, Certified Family Law Specialist, locally at 858-522-9937. You can also contact our lawyers online. We respond to all inquiries promptly. Credit cards are accepted.