A prenuptial agreement is more than a legal formality; it’s a proactive and practical tool for couples to clarify financial expectations before marriage. From our Folsom office, we help clients across Sacramento, Placer, and El Dorado counties create a clear and secure foundation for their future.
Who Can Benefit from a Prenup?
A prenuptial agreement offers peace of mind and legal protection for both parties. It is especially beneficial if you are:
Entering a marriage with significant separate property or assets.
Bringing a business into the marriage.
Remarrying and have children from a previous relationship.
Wanting to protect potential inheritances.
Seeking to define spousal support obligations in advance.
Creating an Enforceable California Prenup
A “prenup” is a contract. For a court to enforce it, it must be fair, clearly written, and properly executed. California law is famously strict on this. Having a knowledgeable attorney is crucial to ensure your agreement is legally sound and avoids:
Lack of Full Disclosure: Both parties must provide a fair, reasonable, and full disclosure of all assets and debts.
Failure to Follow the “7-Day Rule”: Each party must be given at least seven calendar days between receiving the final agreement and signing it.
Lack of Independent Counsel: If the agreement affects spousal support, the party waiving or limiting their support rights must be represented by their own independent attorney.
Our office can help you navigate this sensitive process with care, ensuring your agreement is tailored to your specific needs and fully complies with California law.
Our office is prepared and ready to assist you with your Prenuptial Agreement, below are some examples of what we can assist with. For more information regarding your specific situation please see below to schedule a consultation with Owner and Managing Attorney Taryn Scharf.
Drafting Prenuptial Agreements
We create custom agreements that reflect your financial goals and address assets, debts, income, spousal support, and more.
Reviewing Prenuptial Agreements
If your partner has presented you with a prenup, we’ll carefully review it, explain your rights, and negotiate terms on your behalf.
Negotiations and Mediation
We facilitate fair, respectful conversations to ensure both parties feel heard and secure in the terms of the agreement.
Protecting Separate Property
We ensure that inheritances, business interests, family property, and other separate assets are properly outlined and preserved.
Spousal Support and Alimony Provisions
We help you determine whether to include or waive future spousal support and how to structure it legally and fairly.
Debt and Liability Protection
Our office helps couples agree on how to handle pre-marital debt or future financial obligations in case of divorce.
To be enforceable, a prenuptial agreement in California must meet specific legal requirements. It must be executed voluntarily, with a full, fair, and reasonable disclosure of each party’s financial obligations and property.
With so much at stake, it’s important to have experienced legal counsel to ensure your interests are fully protected. Our Folsom office provides the guidance, strategy, and discretion you need to navigate this process smoothly.
At Scharf Law, P.C., we approach each case with skillful negotiation and advocacy to secure a fair and enforceable agreement. Whether you’re looking to draft, review, or revise a prenup for your marriage in Sacramento, Placer, or El Dorado county, we’re here to support and protect you every step of the way.
