Premarital Agreements
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Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
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Mediation and Litigation

Los Gatos Prenuptial Agreement Attorney

Law Firm Helping Clients Create Valid Premarital Agreements in Santa Clara County

Campbell premarital agreement attorney

When a couple decides to get married, the possibility of divorce is often the last thing on their mind. However, it is often a good idea to plan for how to handle certain financial matters if the marriage ever breaks down. By signing a premarital agreement (also known as a prenuptial agreement, or "prenup"), spouses can protect certain assets and ensure that they will be able to provide for themselves if they ever separate.

A prenuptial agreement can be helpful in a variety of situations, including:

  • When one spouse earns significantly more than the other;
  • When either spouse has significant assets or debts;
  • When one or both spouses own a business; or
  • When either spouse has children from a previous relationship.

Prenuptial Agreements in California

California law states that a premarital agreement becomes effective when the parties become married, and it is only enforceable if:

  • The parties entered into the agreement voluntarily;
  • Each party had at least seven days to review the agreement before signing it;
  • Each party received a full disclosure of the other party's property and financial obligations;
  • Each party was represented by independent legal counsel or waived their right to an attorney; and
  • The agreement is not unconscionable (that is, it is not grossly unfair to one party).

Spouses can include a variety of terms in a prenuptial agreement, including:

  • Their rights to property which was owned prior to the marriage or which is acquired during the marriage;
  • How property will be divided or distributed upon divorce, separation, or death;
  • Ownership of benefits from a life insurance policy;
  • Provisions of a will or trust that defines inheritance rights of the spouses and their children;
  • Whether one spouse will pay spousal support to the other spouse upon separation or divorce (in order to waive spousal support, a spouse must be represented by independent counsel); and
  • Any other agreement which does not violate public policy.

Contact a Los Gatos, CA Prenuptial Agreement Attorney

If you are planning to get married and want to be sure that your rights will be protected if your relationship ever breaks down, a skilled family law attorney can help you create a premarital agreement that will provide you with the peace of mind you need. At the Law Offices of Benita Ventresca, we can help you understand your rights, negotiate terms that will protect your financial security, and ensure your agreement meets all legal requirements. Contact a Los Gatos premarital agreements lawyer today at 408-395-8822 to schedule a free initial consultation. The Law Offices of Benita Ventresca is located in downtown Los Gatos and services Santa Clara County, including Saratoga, Campbell, Mountain View, and Palo Alto.

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Law Offices of Benita Ventresca

20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

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Call us for a free initial consultation

408-395-8822
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Conveniently located in downtown los gatos and
close to highway 280, 85 & 880

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