San Jose Prenuptial Agreement Lawyer

Many individuals may forgo the opportunity to create a prenuptial agreement, afraid it will make them look unromantic or as though they expect their marriage to end in divorce. No one can perfectly prepare for divorce, and these unfortunate situations are quite common. A prenuptial agreement can actually be a wise way to safeguard your hard-earned assets and protect them in case a divorce is inevitable, and a San Jose prenuptial agreement lawyer can provide support.

When a dissolution of marriage occurs, even when the couple can remain amicable, having a prenuptial agreement in place can help minimize certain issues related to the division of property.

Whether you are considering getting a prenup before establishing a legal marriage in California or you need guidance on how your existing agreement might influence a current divorce case, the attorneys at the Law Offices of Rod Firoozye are here to help you navigate these legalities.

Defining Prenuptial Agreements in California and Their Protections

A married couple in the state might hold property such as bank accounts, retirement accounts, vehicles, real estate holdings, and even business together or jointly. In the case that this couple divorces, the property owned in this marriage must be divided in an even manner. This process can be complicated and contentious, and there is, more often than not, some form of debate regarding how these assets and forms of property will be split in the divorce.

When a prenuptial agreement is already put into place, it can help protect some of the assets or forms of property that were owned prior to the marriage. A prenuptial agreement is a legal piece of documentation that outlines how the distribution of assets, debts, and other monetary matters will occur in the event of a divorce or legal separation. While not every couple needs to have a prenup in place, they can offer essential protections for couples entering marriage.

If you are planning to get married in San Jose, there are several reasons why you might want to consider establishing a prenuptial agreement. These reasons can include:

• Property protection. A prenuptial agreement can allow you to outline which assets and debts are considered to be separate property and can be retained by each spouse in the case of a divorce or legal separation. This can be especially helpful if you own a substantial amount of assets such as real estate holdings, business interests, or large inheritances, as you will want to ensure that these assets remain separate property.
• Financial rights and duties clarification. A prenup can also specify the financial expectations of each spouse during the course of the marriage. You may be able to outline the ways in which the division of household expenses will be handled, along with the management of joint finances and any potential support obligations in the future, as this can help prevent misunderstandings or conflict throughout the marriage.
• Protecting interests of business. If you own a business or hope to start one, a prenuptial agreement can help establish how the business will be handled should a divorce or legal separation occur. A prenuptial agreement can defend the rights and duties of each spouse in regard to how the business is run and help protect the future and value of the business.
• Family wealth preservation. If you come from a family with considerable wealth and assets, a prenuptial agreement can protect this wealth and your inheritance rights in the event of a divorce. Your prenup can outline how these assets will remain within the family or have limited access to a spouse in a divorce or legal separation.
• Another benefit of having a prenuptial agreement in place can include outlining how spousal support will work in the event of a divorce.

How the Law Offices of Rod Firoozye Can Help You

When you work with the team at the Law Offices of Rod Firoozye to create your California prenuptial agreement or to work to enforce an already existing agreement, you can rest assured knowing we have your interests at heart. We are here to work for you, not your spouse, and are ready to create your prenuptial agreement in a way that will protect you in the event of a divorce or legal separation.

We can do this by reviewing the assets already in your possession, assigning them values, and working to protect them in your prenuptial agreement. We can also help enforce an existing agreement should a divorce or separation arise. When you work with our team, you can have the confidence that comes with knowing there are legal professionals on your side.

Limitations of a California Prenuptial Agreement

In addition to the criteria a prenuptial agreement must meet, there are several things that a prenup in California cannot contain. These items cannot be included in a prenuptial agreement, and the courts will most likely reject the agreement if any of the following items or provisions are included.

• Agreements relating to child support or child custody in the event of a divorce or legal separation.
• Obligations for alimony if the signing spouse has waived their right to representation.
• Clauses that can require a spouse to engage in any unlawful or illegal actions.
• Unjust, misleading, inequitable, or exploitative conditions.
• Provisions of a non-financial matter, such as mandates calling for one spouse to lose weight or otherwise change their appearance.
• Terms that relate to the relationship shared between the couple.

Speak to a San Jose Prenuptial Agreement Lawyer Today

If you have questions regarding property division laws in the state or the establishment or enforcement of a prenuptial agreement, the skilled legal team at the Law Offices of Rod Firoozye is here to help. For nearly three decades we have been assisting clients in a wide range of divorce and family law, including the legal establishment of prenuptial agreements in California.

Our experienced and knowledgeable team of prenuptial agreement lawyers can ensure that your rights and interests are protected and that your prenup is created in a legally binding way should it face a divorce or legal separation in the future. Contact our offices today to schedule a consultation regarding your case.