California prenuptial agreement attorney
A prenuptial agreement determines how important financial issues will be handled during marriage and if the marriage ends.
L.A. Family Law Center drafts, reviews, and negotiates California prenuptial agreements for clients throughout Los Angeles County and across California.
Who should consider a prenuptial agreement?
A prenuptial agreement may be appropriate when either party:
- Owns a business or professional practice
- Owns real estate
- Has substantial savings or investments
- Expects a future inheritance or family gift
- Has children from an earlier relationship
- Has significant debt
- Holds stock options, restricted stock, or deferred compensation
- Has ownership interests in partnerships, corporations, or limited liability companies
- Has family assets or obligations outside the United States
- Plans to leave employment or reduce work to care for children
- Wants to define spousal-support rights
- Wants greater certainty concerning financial responsibilities during marriage
A large difference in wealth is not required. Many agreements are intended to prevent disputes, preserve family property, or establish rules for assets the parties expect to acquire together.
Drafting a prenuptial agreement
Initial consultation
The attorney discusses the client's assets, debts, income, expected acquisitions, family circumstances, and objectives.
Financial information
The client identifies and values relevant property and liabilities. Accurate disclosure is an important part of the process.
Issue analysis
The attorney identifies the California default rules that would apply without an agreement and discusses which rules the client wants to preserve or change.
First draft
The agreement is prepared based on the client's instructions and financial circumstances.
Independent counsel and negotiation
The other party retains separate counsel. The attorneys exchange comments and proposed revisions.
Finalization and execution
The agreement and financial disclosures are completed and signed before the marriage.
Clients should not wait until the final weeks before the wedding to begin this process.
Issues commonly addressed
Separate property
The agreement may identify property owned before marriage and state how income, appreciation, proceeds, replacements, and reinvestments will be treated.
Earnings during marriage
The parties may agree whether earnings during marriage will be community property or remain the earning party's separate property.
Business interests
An agreement may address ownership, management, appreciation, retained earnings, distributions, compensation, and contributions involving a business.
Real estate
The agreement may establish rules for title, mortgage payments, improvements, reimbursement, appreciation, expenses, and sale proceeds.
Joint property
The parties may define when jointly titled property will be treated as community property, separate property, or property owned in stated percentages.
Retirement and employment benefits
The agreement may address retirement contributions, pensions, bonuses, stock options, restricted stock, and other employment-related compensation.
Debts
The agreement may allocate responsibility for premarital debts, marital debts, taxes, business liabilities, and personal guarantees.
Spousal support
Subject to California law, the parties may establish, limit, or waive spousal-support rights.
Estate rights
The agreement may coordinate with wills, trusts, beneficiary designations, life insurance, and inheritance rights.
Financial records
The parties may agree to maintain records needed to trace separate property and determine ownership.
Cross-border property
Clients with property or family interests outside the United States may need provisions addressing foreign assets, currency, title systems, and governing law.
Fertility and assisted reproduction
The parties may want to address the financial treatment of fertility treatment, surrogacy expenses, donor arrangements, embryos, or transfers intended for children born through assisted reproduction. These provisions must be coordinated carefully with applicable family and reproductive law.
Schedule a consultation.
Speak with an attorney about drafting, reviewing, or negotiating a marital agreement — or another service offered by the firm.
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