San Jose Prenup and Postnuptial Agreements Lawyer
Seabrook Law Offices helps couples protect their assets and reduce conflict with prenup and postnuptial agreements.
Prenup and Postnuptial Agreements in San Jose
When you enter into a marriage, you have the expectation that it will last forever. Unfortunately, marriages can break down for a myriad of reasons, leaving both parties vulnerable to unfavorable property divisions and other issues. Because of that, many people choose to create prenup or postnuptial agreements. These agreements don’t mean that you don’t believe in your relationship. However, they provide necessary protection if anything does happen.
Our San Jose prenup and postnuptial agreements lawyer can help you create the documents. Contact us today to consult about a prenup or postnuptial agreement.
What to Include in a Prenup or Postnuptial Agreement
Your San Jose prenup and postnuptial agreements lawyer will go over the document to ensure that you cover all your bases. Your agreement will likely include:
- A list of all the property each party owns
- Division of marital and personal property
- A list of all debts and an explanation of how the debts will be paid if the marriage dissolves
- All business property and assets, and how they’ll be divided
Additionally, you can address spousal support in these agreements.
What Are Prenup And Postnuptial Agreements?
Prenup and postnuptial agreements are similar, with some key differences. First, of course, you can create and sign a prenup agreement before getting married, while you can create a postnuptial agreement after you’re married. While many people think that’s the only difference, the two differ regarding the coverage as well. If you create a prenup agreement, you’ll include property that you’ve acquired before the marriage. However, you can include the assets acquired during the marriage with a postnuptial agreement.
The two also differ when it comes to validity. Your prenup agreement is valid on the date that it’s signed. However, the court has to approve a postnuptial agreement for it to be enforceable. If it’s one-sided, the court might not agree to enforce it. Thus, it’s wise to consult with a San Jose prenup and postnuptial agreements lawyer to ensure that you follow the law when creating the document.
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Child Custody, Child Support, And Alimony
Under California law, you cannot include child support or child custody information in these agreements. Instead, these issues must be settled during divorce proceedings.
You can address spousal support in the agreement though. However, this is not always enforceable by law. If there is a large disparity between incomes and one spouse will be desolate without alimony, the court can step in and order spousal support. You can discuss this with a San Jose prenup and postnuptial agreements lawyer to determine if issues regarding support are likely to be upheld with the agreement.
Is It Too Late To Create A Postnuptial Agreement?
As long as both parties agree, you can create an agreement at any time during the marriage. That means you can be married for decades before having a San Jose prenup and postnuptial agreements lawyer draft the document. First, your lawyer will make sure that you aren’t creating it because you’re under duress or undue influence. As long as both parties are creating it because they want to do so, your lawyer can move forward with drawing up the agreement.
Can You Amend Or Revoke These Agreements?
Your San Jose prenup and postnuptial agreements lawyer can help you modify or revoke the document if you want to add additional property or change who receives which assets. You can also revoke it if both parties no longer want to have it in place. Consult with your attorney first to make sure that changing or revoking it makes sense for your situation. Then, the lawyer can proceed.
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