California family law has a statutory framework for the characterization and division of property as part of a divorce. This framework is the default, but in California individuals are free to “opt out” of this framework. This is done by executing a prenuptial or postnuptial agreement. A prenuptial agreement is one that is executed before the marriage takes place. A postnuptial agreement is signed by the spouses during the marriage.
A person may choose to create a prenuptial or postnuptial agreement for many reasons. Perhaps they want to preserve certain property as separate, eliminating the possibility of the marital community from having an interest. They may also want to prohibit the creation of community property altogether, or limit their support obligation in the event of a divorce.
If you are interested in a prenuptial or postnuptial agreement, we can help you draft, negotiate and evaluate the pros and cons of a prenuptial or postnuptial agreement.
Contact a San Jose Attorney Familiar with Prenups and Postnups Today
If you’re looking for an attorney to help with a prenuptial or postnuptial agreement in San Jose, Santa Clara County, Alameda County, San Mateo County, and all of the surrounding cities in the Silicon Valley area, contact Nijmeh & LaMotte, P.C. to schedule a consultation.
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