Family Practice: Prenuptial Agreement

San Francisco matrimonial attorneys at Lvovich & Szucsko P.C. can explain how a prenuptial or antenuptial agreement helps you protect financial rights and objectives during marriage.

What is a prenuptial agreement?

A prenuptial agreement is a legal contract between a couple planning to marry that establishes financial guidelines and responsibilities after marriage. Under San Francisco family law, courts recognize prenuptial agreements as valid legal documents.
Typically, when a couple divorces or a spouse dies, finances become an issue in terms of dividing property or distributing inheritances. A prenuptial agreement prevents state law from taking precedence over their wishes at death or after divorce. Because California is a community property state, property may be considered co-owned unless established as separate property.

Matters addressed in a prenuptial agreement often include:

Prenuptial agreements may not enforce penalties against spouses for undesirable behavior, such as drug use or extra-marital relations. Nor can it demand a particular religious faith for childrearing or that a spouse must perform certain household duties.

What is an antenuptial agreement?

Antenuptial agreement is another name used for a prenuptial agreement. Matrimonial law grants domestic partnerships the legal right to work out prenuptial or antenuptial agreements prior to registering a partnership.