Prenuptial & Postnuptial Agreement Attorneys – San Diego

Plan With Confidence. Protect What Matters Most.

Prenuptial and postnuptial agreements are among the most effective tools for managing financial expectations in a marriage and protecting assets from future disputes. While no one enters a marriage expecting it to end, a well-crafted agreement can provide clarity, reduce conflict, and save time and expense should the relationship dissolve. At SD Law Center, our experienced San Diego family law attorneys guide individuals and couples in preparing enforceable, fair, and customized marital agreements under California law.

What Is a Prenuptial Agreement?

A prenuptial agreement (prenup) is a written contract entered into before marriage that defines each party’s financial rights and obligations during the marriage and in the event of divorce or death.

Common uses of a prenup include:

• Protecting separate property (e.g., real estate, business interests, investments)
• Defining spousal support terms or waivers
• Establishing how assets and debts will be divided
• Protecting inheritances and family gifts
• Shielding one spouse from the other’s debts

In California, prenuptial agreements are governed by the Uniform Premarital Agreement Act (UPAA) codified in Family Code §§ 1600–1617.

What Is a Postnuptial Agreement?

A postnuptial agreement (postnup) is a similar contract entered into after marriage. It may arise due to a change in financial status, inheritance, business formation, or marital reconciliation.

Postnuptial agreements are often used to:

• Reaffirm or redefine financial rights
• Allocate income or property acquired during marriage
• Address changes in estate planning
• Establish agreed-upon financial boundaries

Unlike prenups, postnups are subject to greater judicial scrutiny due to the fiduciary duties spouses owe each other during marriage.

What Can a Marital Agreement Cover?

Both prenups and postnups can cover:

• Division of community and separate property
• Management and control of business interests
• Responsibilities for joint debts or liabilities
• Waiver or limitation of spousal support
• Rights to real property, retirement plans, or life insurance
• Financial obligations upon divorce or death

Limitations:

• Cannot waive child support (contrary to public policy)
• Cannot promote divorce or contain unlawful terms
• Must be executed voluntarily and with full financial disclosure

Legal Requirements for Enforceability in California

To be enforceable, marital agreements must satisfy the following requirements:

1. Voluntary Execution:
   • No coercion or duress
   • Parties must sign willingly, ideally with advance notice
2. Full and Fair Disclosure:
   • Each party must provide a complete disclosure of assets, debts, income, and liabilities
3. Independent Legal Counsel:
   • Strongly recommended (and required if waiving spousal support)
   • If one party waives legal representation, it must be in writing
4. Written Form & Proper Execution:
   • Oral agreements are not enforceable
   • Must be signed by both parties before marriage (prenup)
5. Seven-Day Rule:
   • If a party is presented with the agreement, they must have at least 7 calendar days to review before signing (especially when unrepresented)
6. Not Unconscionable at the Time of Enforcement:
   • Courts will invalidate agreements that are severely one-sided or violate fairness

Why Should You Consider a Prenup or Postnup?

1. Protect Separate Property: Ensure that assets acquired before marriage remain yours in the event of divorce.

2. Business Protection: Safeguard your business from being divided or disrupted due to marital dissolution.

3. Debt Shielding: Prevent liability for debts incurred solely by your spouse.

4. Support Expectations: Set realistic and agreed-upon terms regarding spousal support to avoid costly disputes later.

5. Clarity and Peace of Mind: Define roles and responsibilities, reduce tension, and support long-term trust.

6. Second Marriages & Blended Families: Clarify asset rights when entering marriage with children from prior relationships.

Common Clauses in Prenuptial/Postnuptial Agreements

• Separate vs. community property characterization
• Real estate rights and reimbursements (e.g., Family Code § 2640)
• Ownership and profits from a business
• Retirement account division and QDRO terms
• Waiver or limitation of future alimony
• Sunset clauses (agreement expires after X years)
• Dispute resolution method (e.g., mediation or arbitration)

What Makes a Strong Marital Agreement?

At SD Law Center, we focus on making marital agreements:

• Clear: Avoid ambiguous or overly broad terms
• Fair: Balance interests while protecting your priorities
• Tailored: Address your specific financial and personal circumstances
• Compliant: Aligned with California statutes and case law

We also work with financial planners, CPAs, and estate planning attorneys to ensure your agreement supports your broader financial goals.

Litigation Over Invalid or Unenforceable Agreements

Disputes may arise when one party challenges the agreement in court. Common grounds for invalidation include:

• Lack of disclosure
• Duress or coercion
• Unconscionable terms
• Failure to follow procedural requirements

Our firm defends and challenges these agreements with a full understanding of recent case law and evolving judicial standards.

Why Choose SD Law Center?

• Extensive experience drafting and enforcing prenups/postnups
• Skilled negotiation to preserve relationships while protecting your rights
• Detailed financial review and asset tracing
• Courtroom experience in litigating marital agreement disputes
• Transparent billing and timely communication

Frequently Asked Questions (FAQs)

Do I need a prenup if I don’t have a lot of assets? Yes. A prenup can still define financial roles and expectations, avoid debt sharing, and streamline future processes.

Can we draft our own agreement? Technically yes, but poorly drafted agreements are often unenforceable. Legal review is highly recommended.

Will a prenup hold up in court? If it meets all legal requirements—including fairness, disclosure, and procedural compliance—it is likely to be upheld.

Is a postnup as enforceable as a prenup? It can be, but courts examine postnups more closely due to fiduciary duties between spouses.

Schedule a Marital Agreement Consultation

A prenup or postnup doesn’t mean you expect divorce—it means you’re planning responsibly. SD Law Center is here to help you build that security with clarity and care.

Call now to schedule your confidential consultation with a San Diego family law attorney.