Protecting Your Assets & Your Future in Santa Clara County

At Moreno Family Law Firm, we know that talking about a prenuptial agreement can be challenging for many couples. Still, a prenup can be an important tool for protecting your assets, your plans, and your future. Our prenuptial agreement attorneys in San Jose guide couples through the process to create fair, enforceable agreements tailored to your unique situation.

Call (408) 676-1814 or contact us online to schedule a consultation with our team today.

What Is a Prenuptial Agreement?

A prenuptial agreement, or prenup, is a legally binding contract that a couple signs before marriage. This agreement details how assets and debts will be divided if they divorce or legally separate. It can also cover important topics like spousal support and other financial issues.

Courts in California require prenuptial agreements to be detailed. A strong prenup can provide peace of mind by outlining how to divide retirement accounts, clarify business ownership, or set buy-out terms for jointly owned homes. These agreements cannot address child custody or child support. The court will decide those issues based on the child’s best interests at the time of divorce or separation.

Why Get a Prenuptial Agreement?

Many people feel uneasy about asking for a prenuptial agreement, thinking it shows a lack of trust or reflects doubt in the relationship. In fact, a prenup helps you protect what matters most in case your marriage ends unexpectedly.

There are several benefits to getting a prenuptial agreement, including:

• Protecting your assets: If you own significant assets like a home, business, or inheritance, a prenup can help safeguard those assets during a divorce.
• Protecting yourself from debt: If your partner carries large debts, a prenup can help ensure you do not become responsible for those debts after divorce.
• Protecting your estate plan: If you have children from an earlier relationship or marriage, a prenup can help preserve your estate plan and protect the inheritance for those children.
• Reducing conflict: By resolving key issues like property division and spousal support in advance, a prenuptial agreement can reduce future disagreements and lower stress if you divorce.

Many San Jose couples, particularly those with ties to the local tech industry or high-value property, see real benefits in using a prenuptial agreement to simplify the division of complex assets. Prenups can address local financial realities by protecting start-up equity, cryptocurrencies, or intellectual property that isn’t easy to track. Our prenuptial agreement attorneys make sure the agreement reflects your goals while following California’s detailed approach to marital property.

Call (408) 676-1814 or contact us online to schedule a consultation with our team today.

Navigating California’s Community Property Rules

California’s community property law means most assets and debts gained during marriage belong to both spouses.  A prenuptial agreement gives you the freedom to decide how to handle business interests, stock options, or inherited property that, under default law, would be divided equally. In Santa Clara County, many couples address both separate and community property in their prenup to match the expectations of local courts.

With a custom prenup, you put in writing how you want to treat money, investments, and future earnings in case of divorce. For those with fast-changing assets, like tech company stock or bonuses, clear terms ensure a fair process and avoid lengthy disputes. Working with a prenuptial agreement attorney in San Jose provides clarity for defining complex assets and gives you confidence that your intentions will stand in court.

What Makes a Prenuptial Agreement Enforceable?

A prenuptial agreement offers real value only when it follows the law. For a prenup to be enforceable, it must meet several key requirements under California law.

Each prenuptial agreement must follow California Family Code rules on full disclosure, fairness, and voluntary signing. Santa Clara County court procedures insist on proper documentation and will closely examine any claim of coercion or incomplete disclosure. Early, honest negotiations set a strong foundation. Independent legal advice shows San Jose courts both people understood their options and the agreement. Timely advice and open disclosure help prevent later challenges. Prenups signed at the last minute or without two lawyers often draw closer court review.

Some of the most important requirements for a prenuptial agreement include:

• It must be in writing: A prenuptial agreement must be in writing to be enforced. Verbal agreements do not hold up in court.
• It must be signed by both parties: Each partner must sign the prenuptial agreement. If someone claims they signed under pressure or without reading it, the court can set the agreement aside.
• It must be entered into voluntarily: Both people must willingly sign the agreement. Any sign of coercion or force can undermine the prenup.
• It must be fair and reasonable: Both parties should receive a fair arrangement. If a prenup strongly favors one side over the other, a judge may refuse to enforce it.
• It must be properly executed: Full disclosure of all assets and debts is required, and the parties must sign the agreement well in advance of the wedding.

How to Get a Prenuptial Agreement? 

Here are the steps to getting a prenuptial agreement in California:

1. Discuss the idea with your partner: Before you get a prenuptial agreement, discuss it openly with your partner. Talk about your reasons and your shared expectations for the agreement.
2. Work with an attorney: If you agree to a prenuptial agreement, consult with a lawyer to learn what you can and cannot include. Your lawyer will help ensure every requirement is met.
3. Disclose your assets and debts: Both of you must disclose all assets and debts. Make a complete list for transparency.
4. Review the agreement: Review the drafted agreement with care, and make sure you understand all terms before signing.
5. Sign the agreement: When you are both satisfied, sign the agreement. Both parties must provide signatures for validity.
6. File the agreement with the court: California law does not require you to file a prenuptial agreement with the court. However, filing can add an extra layer of security.

What Happens If You Sign A Prenup And Get Divorced? 

If you sign a prenuptial agreement (prenup) and later divorce, the terms of your agreement will guide how certain divorce-related issues are addressed. 

Here are some key considerations:

• Property Division: A prenup typically outlines how property and assets acquired during the marriage will be split if you divorce. This can cover real estate, investment accounts, and other assets, and it may identify which property is separate or shared—affecting division.
• Spousal Support (Alimony): A prenup can address whether either spouse may receive alimony, and under what terms. These agreements may detail payment amount, duration, or specific conditions that trigger or end support payments.
• Debts: Prenuptial agreements can guide how the court divides debts incurred during marriage, such as credit cards, student loans, or real estate obligations.
• Enforceability: For a prenup to be enforced, it must meet legal standards. Both parties need to have fully disclosed assets and debts and entered the agreement voluntarily in writing and with signatures.
• Legal Review: Each partner may have their own attorney review the prenup before signing, ensuring that their rights are respected and that they understand the agreement’s impact.
• Challenging a Prenup: Sometimes, a spouse may challenge a prenup during divorce. They might claim duress, fraud, or that a term is extremely unfair. The outcome depends on the facts and California law.

Frequently Asked Questions

How early should we start the prenuptial agreement process in San Jose?

Start at least several months before your planned wedding so you have time for open discussions, careful drafting, review, and independent legal counsel. Early planning helps your agreement stand up in Santa Clara County court.

Does a prenuptial agreement affect my retirement accounts in California?

A prenuptial agreement can spell out how you and your spouse wish to treat retirement accounts, including 401(k)s and IRAs, in marriage and divorce. Without a prenup, California community property laws may split these assets, so clear terms give the court direction.

If I move away from San Jose, will my prenuptial agreement still be valid?

Generally, a prenuptial agreement created in California stays valid if you move, but different states have their own laws that may change enforcement or interpretation. If you move out of state, have a local attorney review your agreement to ensure it meets new requirements.

Call (408) 676-1814 or contact us online to schedule a consultation with our team today.