Prenuptial Agreements

In over 25 years of practicing family law in California, the law office of Thomas E. Bouman, Attorney at Law, has seen a dramatic increase in the number of prenuptial agreements we write for clients prior to marriage. All prenuptial agreements in California and most other states must comply with the Uniform Premarital Agreement Act contained in the California Family Code. We know how to make sure they are legal, enforceable, and will stand up in court, in the event of a divorce. We also understand under what circumstances these agreements can be invalidated.

If you have decided that a prenuptial agreement is right for your pending marriage, contact the Santa Clara family law office of Thomas E. Bouman, Attorney at Law. We have helped hundreds of couples protect themselves against unforeseen circumstances that arise in marriages by preparing premarital agreements. We can help you.

If you are already married but you and your spouse want to make an agreement regarding your marital assets and obligations, a “Marital” or “Postnuptial” Agreement would be appropriate. This is an agreement made by spouses during the marriage and affects the marital rights and obligations incident to an ongoing marriage, both during the marriage and after the death of one or both of the parties. It is an agreement often used by the parties to “transmute” property from separate property to community property and vice versa.

What is a Prenuptial Agreement? Often called an antenuptial or a premarital agreement, it is a legal contract between prospective spouses, that establishes what property and/or financial obligations belong to whom, in the event of a divorce. A prenuptial agreement is typically used to protect assets acquired by either or both parties before the marriage.

Why is Prenuptial Agreement so Important? California is a community property state. People who are about to get married have a prenuptial agreement written to avoid California community property law. Having a “prenup” limits shared community property to assets acquired or earned during their marriage.

Can any Provision be Written into a Prenuptial Agreement? As long as the provisions of the “prenup” don’t have the affect of promoting the dissolution of the marriage, they are valid under current California law.

What About Protecting Earnings During a Marriage? Prenuptial agreements can be written to include legal provisions to protect earnings and accumulations of each spouse.

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Contact the Santa Clara County divorce lawyers at the office of Thomas E. Bouman, Attorney at Law, to schedule a free phone consultation and to answer your prenuptial agreement questions. We’ll help you decide of a prenuptial agreement is right for you and your prospective spouse.