San Diego Prenuptial & Postnuptial Agreement Lawyers

Protect Your Assets & Plan for the Future

No one enters a marriage expecting to divorce or separate, but being proactive about financial and legal responsibilities can help protect both spouses in the long run. Prenuptial and postnuptial agreements allow couples to define expectations, safeguard individual assets, and create a foundation of trust and transparency.   

At Bremer Whyte Brown & O'Meara, our San Diego family law attorneys assist couples in drafting, reviewing, and enforcing fair, legally sound agreements that reflect their unique financial and personal circumstances. Whether you are preparing for marriage or already married and looking to formalize financial arrangements, we are here to help. 

You can schedule a free and confidential consultation with our San Diego prenup/postnup attorneys. Just call (949) 229-8546 at any time.

What Is the Difference Between a Prenuptial & Postnuptial Agreement?

Both prenuptial and postnuptial agreements serve similar purposes, but the key difference lies in timing:

• Prenuptial agreements: A prenuptial agreement, or “prenup,” is created before the couple is legally married. 
• Postnuptial agreements: Postnuptial agreements, or “postnups,” are created after the couple has already married. Postnups often address changes in financial circumstances or unresolved concerns from before the marriage but can consider issues from during the marriage, too.

Both agreements outline financial arrangements during the marriage and in the event of separation or divorce. Whether you’re planning ahead or addressing changes, these contracts can be tailored to fit your specific needs with our help.

What Can You Include in a Prenuptial or Postnuptial Agreement?

Prenuptial and postnuptial agreements allow couples to set clear terms about their legal and financial responsibilities and how those could look if a divorce occurs. They provide an opportunity to discuss and document key components of the marital relationship.

Common elements and factors to include in a prenup or postnup include:

• Financial responsibilities: Couples can decide how financial obligations will be managed during the marriage, including joint or separate accounts, shared expenses, and income use.
• Property ownership: Prenuptial and postnuptial agreements allow couples to classify property as separate or community property, specify inheritance protections, and document ownership of family heirlooms or businesses.
• Debt protection: You can protect one spouse from liability for the other’s pre-marital or acquired debts, such as student loans or credit card balances.
• Spousal support: Prenups and postnups can address spousal support requirements upon divorce. However, California law sets limitations, including the necessity for fair and reasonable terms that don’t put either spouse under undue financial duress.
• Children from a previous marriage: A postnuptial or prenuptial agreement can be used to preserve the financial and inheritance rights of children from prior relationships by clearly documenting their entitlements.

What Can’t Be Included in These Agreements?

While prenuptials and postnuptials are powerful legal tools, certain aspects of a relationship cannot be pre-determined in these agreements. Specifically, California law does not allow for the inclusion of provisions related to child custody, child support, or visitation plans from the current marriage. Child-related issues are always resolved by the court based on what is in the best interest of the child at the time of separation. Attempting to predetermine these factors in a marital agreement can render portions of the agreement invalid.

Can a Prenup or Postnup Help Avoid Court for Property Division?

Yes! One of the biggest benefits of a well-drafted prenuptial or postnuptial agreement is avoiding costly and time-consuming disputes over property division.  A properly structured prenuptial or postnuptial agreement can help couples:  

• Define asset ownership of assets and debt responsibilities 
• Prevent disputes in the event of divorce 
• Streamline property division and avoid lengthy court battles 

To be enforceable, an agreement must meet California legal requirements, including full financial disclosure and be free from coercion or duress.  At 

Our attorneys help San Diego couples draft enforceable agreements that provide clarity and protection for both spouses. 

Can a Prenuptial or Postnuptial  Agreement Be Challenged?

Even when the terms of a prenuptial or postnuptial agreement seem clear, they may be subject to legal challenges.

Reasons for challenging a prenup or postnup could include:

• Coercion or Duress: If one party was pressured or forced to sign the agreement, it may not hold up in court.
• Lack of Financial Disclosure: Both parties must fully disclose their financial assets and liabilities before signing the agreements. Failing to do so can result in the agreement being declared invalid.
• Unconscionable Terms: Agreements that place undue financial burdens or overly favor one party may be found unenforceable.

If you believe your prenuptial or postnuptial agreement may not be enforceable or your spouse has challenged it, we can help in either situation. Let us explain your rights and how to stand up for them.

We Can Help in Any Divorce Matter – Call Now

Prenuptial and postnuptial agreements can provide peace of mind and financial security, but only if properly drafted and legally sound. Whether you are: 

Preparing for marriage and considering a prenup

Already married and need a postnuptial agreement 

Looking to enforce or challenge an existing agreement 

Our San Diego family law attorneys are here to help protect your interests and increase the chances that your agreement will be enforceable if ever challenged. 

Contact our San Diego office today to schedule a consultation. Just dial (949) 229-8546 now.