Prenuptial Agreement Attorney in Sacramento, CA
Sacramento Office
Thoughtful Asset Protection Before You Say “I Do”
A prenuptial agreement is not a sign that a relationship lacks trust — it is a sign that two people are approaching their future together with honesty, clarity, and maturity. For many Sacramento couples, particularly those entering marriage with established careers, business interests, real estate, or prior family obligations, a premarital agreement is simply good planning. At Holstrom, Block & Parke, A Professional Law Corporation, our Sacramento prenuptial agreement attorneys help clients establish clear, enforceable agreements that protect their interests without undermining the foundation of their relationship.
Contact our Sacramento office today to discuss whether a prenuptial agreement is right for you.
What a Prenuptial Agreement Can Cover in California
Under the California Uniform Premarital Agreement Act (UPAA), a prenuptial agreement can address a wide range of financial matters, including:
- The designation of specific assets as separate property not subject to division upon divorce
- The characterization of future income, business interests, or investments
- Spousal support rights and limitations in the event of divorce
- The protection of business interests, professional practices, and partnership stakes
- The handling of debts brought into the marriage by either spouse
- Estate planning considerations and the protection of children from a prior relationship
Importantly, a prenuptial agreement in California cannot address child custody or child support — courts will not enforce provisions that attempt to predetermine the rights of children not yet born, as those matters are always subject to the best interests of the child standard at the time of any divorce.
California Requirements for a Valid and Enforceable Prenuptial Agreement
A prenuptial agreement that is not properly drafted and executed may be challenged and invalidated at the time of divorce — leaving you without the protection you thought you had. California law imposes specific requirements for enforceability, including:
- The agreement must be in writing and signed by both parties
- Each party must have an opportunity to review the agreement — California requires at least seven days between presentation and signing
- Both parties must be represented by independent legal counsel, or must knowingly waive that right in writing
- Full and fair financial disclosure must be provided by both parties
- The agreement must not be signed under duress, coercion, or undue influence
Our Sacramento prenuptial agreement attorneys ensure that every agreement we draft meets California’s enforceability requirements and is structured to withstand scrutiny in the event of a future challenge. We also represent clients who need to review and respond to a prenuptial agreement presented by a future spouse — providing independent counsel and an honest assessment of what the agreement means for your financial future.
Postnuptial Agreements in Sacramento
Postnuptial agreements serve the same general purpose as prenuptial agreements but are entered into after the marriage has already begun. They may be appropriate when a couple’s financial circumstances change significantly during the marriage — for example, when one spouse starts a business, receives a significant inheritance, or when the couple’s asset picture changes in a way that warrants a formal agreement about how those assets would be treated in the event of divorce.
California courts apply the same general enforceability requirements to postnuptial agreements as to prenuptial ones, with some additional scrutiny given that the parties are already in a relationship of trust and confidence. Our Sacramento family law attorneys ensure that postnuptial agreements are drafted with the rigor and precision required to make them stand up.
Contact Our Sacramento Prenuptial Agreement Attorneys
If you are approaching marriage and want to establish a clear, fair, and legally enforceable agreement about your financial future, or if you have received a prenuptial agreement, you need reviewed before signing, Holstrom, Block & Parke is here to help. We bring the same depth of experience to premarital planning that we bring to every aspect of family law.
Contact our Sacramento family law attorneys today to learn how we can help you design a prenuptial agreement that protects your interests and supports your shared future.