Westlake Village Prenuptial Agreements Attorney

Getting a prenuptial agreement, or prenup, is often the last thing engaged couples want to talk about. It may seem very unromantic to prepare for divorce and its aftermath when you’re in the middle of planning a wedding, but a prenup could actually improve your marriage.

By preparing for the worst, you and your soon-to-be spouse can truly enjoy the best parts of your relationship. Think of a prenup as a fail-safe — you and your future spouse can rest assured that your assets will be protected if you end up having to part ways. Even better, a well-written prenup can prevent a contentious divorce.

Find Out if a Prenup Is Right for You

At Feinberg & Waller, APC, our Westlake Village prenuptial agreement attorneys help engaged couples throughout Ventura County and California. Our team will draft a legally binding, enforceable prenup that works for both you and your future spouse.

Considering getting a prenup? Call our Westlake Village prenuptial agreement lawyers at (805) 273-8658 to schedule a consultation today!

Who Needs a Prenup?

Despite popular misconception, prenups aren’t only for the rich and famous. In fact, most couples can benefit from a prenup.

An enforceable prenup may protect any and all of the following in the event of a divorce:

• Premarital assets and property
• Future assets and property
• Your children’s inheritance
• Your own inheritance
• Family businesses

Debt will also be taken into consideration when drafting a prenup. For instance, if your future spouse has a large amount of debt (e.g. student loans), you can make sure you won’t be stuck with that debt should you part ways.

What Makes a Prenup Legally Binding in CA?

For a prenup to be legally binding, it will need to meet certain criteria.

Under the Uniform Premarital and Marital Agreements Act (UPMAA), prenups are enforceable in California if: 

• Both parties take care to disclose all their assets, properties, and debts
• Both parties had at least a week (seven days) to look over the prenup before signing
• Each party had their own attorney during the drafting process

Additionally, a judge will not uphold a prenup if they believe it favors one party over the other. For example, a prenup that leaves one spouse with nothing is not enforceable in Ventura or Los Angeles County. Neither is one that was signed under duress or coercion.

What happens if you divorce without a prenup in California?

If you divorce in California without a prenuptial agreement, the division of property will be handled according to California’s community property laws. Here’s a general outline of how this process works:

• Community Property State: California is a community property state, meaning that any assets and debts that spouses acquire during the marriage are considered owned equally by both spouses. This generally includes wages earned by either spouse, property bought with those wages, and debts incurred during the marriage.
• Separate Property: Separate property refers to assets that one spouse owned before the marriage or acquired by gift or inheritance during the marriage. Separate property also includes any earnings or accumulations from separate property, as long as the property was kept separate. Separate property belongs solely to the spouse who owns it and is not divided during a divorce.
• Division of Community Property: In the event of a divorce, community property is generally divided equally between the spouses. This does not necessarily mean each item is physically divided or sold with proceeds split; rather, the total value of the assets is aimed to be divided as evenly as possible.
• Debts: Debts incurred during the marriage are typically considered community property and are shared equally between the spouses. This includes credit card debt, mortgages, and car loans, regardless of whose name is on the debt.
• Retirement Benefits: Retirement benefits accrued during the marriage are also considered community property and are subject to division. The division of these benefits can be complex, often requiring a court order known as a Qualified Domestic Relations Order (QDRO) to allocate shares to each spouse.
• Spousal Support: The absence of a prenuptial agreement may also impact decisions regarding spousal support (alimony). The court considers various factors including the standard of living during the marriage, the length of the marriage, and the earning capacities of each spouse.
• Legal and Financial Advice: Given the complexities of community property law and the significant financial consequences of how property and debts are divided, getting legal advice is crucial. A family law attorney can help navigate the specifics of your situation.

Without a prenuptial agreement, the division of assets and debts in a California divorce will generally adhere to community property rules, aiming for an equal distribution of assets and debts accrued during the marriage.

Get a Valid, Enforceable Prenuptial Agreement

At Feinberg & Waller, APC, our lawyers have been helping Westlake Village residents draft enforceable prenuptial agreements. Experience the peace of mind that comes with a valid prenup. We will walk you through the process and take care to put your best interests first.

Contact our Westlake Village prenuptial agreement lawyers online today to get started with your confidential consultation.

Additional Resources

• 3 Reasons to Have a Prenuptial Agreement
• The Costs of Drafting a Prenuptial Agreement
• Include More Than Physical Assets in Your Prenuptial Agreement
• Prenuptial Agreements Protect Your Personal Interests in Divorce