Prenuptial Agreements Attorney Serving the
San Francisco Bay Area

A prenuptial agreement can provide clarity, security, and peace of mind as you prepare for marriage. Prenuptial agreements are often misunderstood, but they can be a valuable tool for protecting individual and shared interests in a marriage.

At the Law and Mediation Office of Sheila M. Harrington, I strive to help individuals and couples make informed decisions about their futures, and offer personalized support throughout the process. Whether you want to create a new prenup or review an existing agreement, my office can provide the legal support you need.

Based in Redwood City, California, I work with clients across the San Francisco Bay Area, including San Mateo, Palo Alto, Mountain View, San Jose, Daly City, Oakland, Marin County, and beyond. Reach out today to schedule a consultation.

What is a Prenuptial Agreement?

A prenuptial agreement, often called a "prenup," is a legally binding document created by two individuals before they marry. It specifies how assets, debts, and financial responsibilities will be handled during a divorce or separation.  

While prenups are often viewed as unromantic, they are ultimately about protecting both parties. Whether you're preparing for a marriage with significant assets, prior financial commitments, or children from a previous relationship, a thoughtfully drafted prenuptial agreement can provide security and transparency for both partners.  

Why You Should Consider Signing a Prenuptial Agreement?

Prenuptial agreements offer multiple benefits to married couples. Some of the reasons you might consider signing a prenuptial agreement include:

• Financial clarity: A prenup offers a clear understanding of financial rights and responsibilities. This can be particularly helpful if you're blending finances for the first time or have significant assets to protect.  

• Asset protection: It protects individual assets, including personal savings, property, or family heirlooms, from being divided in case of a separation.  

• Debt management: If one or both parties bring significant debts into the marriage, a prenup can specify how those debts will be managed.  

• Safeguarding business interests: A prenup can protect a business from becoming subject to division as part of marital property.  

• Promoting communication: A prenup encourages open and honest discussions about finances before marriage.

How My Firm Can Help with Prenuptial Agreements  

As an experienced family law attorney, I try to make prenuptial agreements approachable, transparent, and fair for both parties. I typically strive to help couples through this process by guiding them through the following steps:

1. Initial consultation: I begin by scheduling a meeting to learn more about your concerns and goals for the prenuptial agreement. This is also a chance for you to ask questions and understand more about California laws governing marriage and property.  
   

2. Drafting the agreement: Once I understand your needs, I’ll draft an agreement that reflects your financial circumstances and individual wishes. The language will be transparent and easy to understand, making you and your future spouse comfortable with the document.  
   

3. Review and adjustments: Both you and your spouse will have a chance to review the document thoroughly before signing. If the other party has legal counsel, I’m happy to facilitate discussions to address any revisions.  
   

4. Finalize the agreement: After both you and your spouse are satisfied, the agreement will be finalized and signed. I will make sure it meets California's legal standards for enforceability.
   

5. Ongoing support: Should circumstances change, I can review or amend the agreement if needed. I also offer continued support for couples wanting to address other family law matters in the future.  

California Prenuptial Agreement Laws

California’s laws surrounding prenuptial agreements are primarily based on the Uniform Premarital Agreement Act (UPAA). Some of the key points of this Act that you should be aware of include:

• Written agreement: A prenuptial agreement must be in writing and signed by both parties to be considered valid. Oral agreements are not enforceable under California law.  

• Voluntary participation: Both spouses must enter into the prenuptial agreement voluntarily. There should be no evidence of coercion or pressure from either party.  

• Full disclosure: Each party must fully and honestly disclose their financial status, including income, assets, and debts. Failure to do so could render the prenup unenforceable.  

• Legal representation: While it’s not required, it’s strongly recommended that both parties have their own legal counsel during the drafting and signing process. This makes the process fair and prevents future disputes. 

• Limitations on specific terms: California does not allow certain terms within a prenup, such as child custody or child support agreements. These must be decided based on the child’s best interests during divorce or separation.  

• Effective date: A prenuptial agreement doesn't go into effect until after the couple is legally married.