Experienced in Drafting Prenuptial Agreements
No one enters into marriage planning to get divorced. However, it is well known that just under 50 percent of marriages end in divorce. Prenuptial agreements allow people to enter into a marriage with the confidence that business interests, family trusts and significant assets will be protected should their marriage end in divorce. At Lonich & Patton, we have significant experience in working with clients to draft prenuptial agreements that can withstand a court challenge.
Drafting Effective Prenuptial Agreements
Our attorneys are prepared to draft prenuptial agreements for business owners, executives, athletes, foreign nationals and their prospective spouses. Our ability to draw on the experience and insight of our business law group allows us to draft agreements that protect the ownership and operational interests of our client's business.
When considering whether a premarital agreement is appropriate for a given relationship, it is important to understand what a prenuptial agreement can and cannot legally cover. According to California Family Code §1612, a premarital contract provision can establish:
- Rights and obligations of each of the parties in any of the property belonging to one or both of them, no matter when it was acquired
- Right to buy, sell, or control property
- How property is disposed of upon separation, marital dissolution, death, or any other event
- Making a will, trust or other arrangement to carry out the provisions of the prenuptial agreement
- Ownerships and distribution of the death benefit from a life insurance policy
- Choice of law governing the construction of the agreement.
- Any other matter, including personal rights and obligations, as long as it is legal and not contrary to public policy
A prenuptial agreement cannot include any provision that adversely impacts the right a child may have to child support. A provision that limits or waives spousal support may not be enforceable if a former spouse was not represented by independent counsel when the agreement was signed.
Prenuptial agreements involving businesses and large estates can become extremely complex. Since the intent of a prenuptial agreement is to establish rights and obligations for assets and debts, it is important that the attorney drafting the premarital contract has the experience, resources and insight to craft an agreement that can withstand a legal challenge. The attorneys at Lonich & Patton have that knowledge.
Contact Our San Jose Lawyers
If you have any questions about prenuptial agreements, please contact Lonich & Patton for a free initial consultation. Our attorneys can be reached by phone at (408) 553-0801 or through the intake form on our Contact Us page.
1871 The Alameda, Ste. 475
San Jose, CA 95126
Phone: (408) 553-0801
Fax: (408) 553-0807 firstname.lastname@example.org
Where We Practice
Lonich & Patton, LLP handles matters for clients in northern California, especially San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Alameda, Contra Costa, Santa Cruz, Monterey, and San Benito. For a full listing of areas where we practice, please click here.