Roseville Prenuptial Agreement Lawyer

Prenuptial Agreement Attorney in Roseville, CA

Getting married establishes a legal union between two parties. Marriage is also a financial partnership. For this reason, many people meet with a Roseville prenuptial agreement attorney before walking down the aisle. Having a prenup in place can allow couples to feel secure about their property rights, financial responsibilities, business assets, and debt ownership if the marriage dissolves through divorce or legal separation.

Roseville families who need to visit the family court typically go to the Placer County Superior Court – Santucci Justice Center located at 10820 Justice Center Drive, Roseville, CA 95678. Roseville prenuptial agreement attorneys practice in Placer County and are familiar with the courthouse where family law cases are tried.

About The Law Offices of Dianne M. Fetzer

The Law Offices of Dianne M. Fetzer practices law throughout the Sacramento metropolitan area and serves Roseville, CA, residents and residents of Placer County. Attorney Dianne M. Fetzer is certified as a Family Law Specialist by The State Bar of California Board of Legal Specialization.

Attorney Fetzer has been practicing family law for over 25 years. She represents clients facing California family law issues, including prenuptial agreements, property division, and marital settlements. The law firm provides legal education and advocacy services to the residents of Northern California.

Understanding Prenuptial Agreements in California

Prenuptial agreements are written contracts entered into by two parties before marriage. A prenup can set forth how various financial issues should be handled during the marriage or in the event of divorce. Couples choose to enter into prenuptial agreements to establish guidelines for separate property, salary earned during marriage, business assets, inheritances, and debt responsibilities.

California is a community property state. Therefore, both spouses typically own a 50 percent interest in all debts and assets acquired during marriage. With a prenuptial agreement, many of California’s community property laws can be altered by the terms of the contract if it meets the legal requirements set forth by California statutes.

Prenup laws in California are outlined in the Uniform Premarital Agreement Act. This statute specifies that a prenuptial agreement must be entered into voluntarily by both parties. The agreement must be in writing and signed by each spouse. It’s also crucial that the terms aren’t excessively unfair when agreed upon and don’t go against public policy principles.

The percentage of Americans who have signed a prenuptial agreement has increased from 3% in 2010 to 15% of those who are married or engaged. Furthermore, 35% of single Americans say they intend to enter into a prenuptial agreement in the future, and four out of ten US adults (42%) approve the use of prenuptial agreements.

A Roseville prenuptial agreement attorney can explain to clients which issues can be addressed in their prenuptial agreement and what types of provisions a court would likely refuse to enforce.

Common Issues Addressed in Prenuptial Agreements

Every couple’s financial situation is different, and certain issues are unique to each relationship. However, there are some common issues that many prenuptial agreements address. Pre-marital agreements are common when entering into second marriages, if one or both parties own a business, if high incomes are involved, or if there is family wealth to protect. Prenuptial agreements typically address the following:

• Defining separate and community property
• Division of real property and investment accounts
• Protection of business assets
• Division of marital debt
• Inheritances and family gifts
• Spousal support

A prenuptial agreement cannot be used to settle matters that a court would otherwise decide. For example, it is unlawful to predetermine child custody and support obligations in a prenup. Courts look at the best interests of the child at the time they make a custody determination.

Hire a Prenuptial Agreement Attorney

Many couples who seek to hire a prenuptial agreement attorney have questions about how California courts view marital agreements and what types of provisions are unenforceable. Because family law matters can be some of the most emotional and financially impactful legal issues a person can face, many individuals choose to handle these matters before entering a marriage.

Your Roseville prenuptial agreement attorney can help you in your prenup case and draft, review, negotiate, or revise your agreement and make sure it meets California’s statutory requirements. Each party should also have their own independent legal representation. Many judges look for whether both parties had the opportunity to meet with separate counsel prior to signing the agreement.

FAQs

Can a Prenuptial Agreement Protect Future Assets in California?

Yes. Prenuptial agreements can be used by California couples to protect assets and help make sure that inheritances remain separate property. While inheritances are usually separate property in California, conflicts can occur when they are commingled with marital assets. A prenuptial agreement can lay out how inherited money, family assets, or future gifts can be handled.

Are Prenuptial Agreements Public Record in California?

Prenuptial agreements are personal contracts between spouses. When you sign your prenup, you do not automatically file it with the court. This means that parts of your prenup won’t be public record unless you and your spouse are later divorced or involved in legal issues during which your prenup is entered into the court’s proceedings. Many couples appreciate that they can resolve financial matters discreetly before disputes happen.

Does Moving to Another State Affect a California Prenup Agreement?

Moving to another state could potentially affect a California prenup. Your prenup might still be enforceable if you move away, but your new state’s laws may impact how it’s interpreted or enforced. Because each state operates under either community property or equitable distribution principles, determining which jurisdiction’s laws govern a divorce can lead to legal conflicts. Many prenups include a clause stating that California law should govern the marital contract.

Can a Couple Revise a Prenup Agreement After They Marry?

Yes, a couple can revise a prenup after they marry. A married couple can change certain provisions if they enter into a postnuptial agreement and both parties freely consent to those changes. A postnuptial agreement is one that is entered into after marriage. Couples sometimes enter into postnuptial agreements to reflect changes in their financial situation, ownership of a business, or the acquisition of new assets.

Contact The Law Offices of Dianne M. Fetzer

If you are considering getting married and need assistance with your prenuptial agreement, The Law Offices of Dianne M. Fetzer can help you. Contact us today for more information.