San Francisco Divorce Laws

Pre-nuptial agreements

Most people are familiar with the application of a pre-nuptial agreement in situations of high financial net worth. A wealthy fiancé (and often, his or her family) necessarily wants to protect assets that existed before the marriage, as well as property that might accrue during marriage.

However, a betrothed couple of modest means might also choose a pre-nuptial agreement. For example, if children are present from previous marriages, a pre-nup could state how to dispose of assets if the birth parent died or if the couple were to divorce.

Given the increasingly high number of people filing for divorce, it is important to be protect your assets if you are getting married anywhere in California, including San Francisco.  Divorce laws in California allow for legally valid pre-nuptial agreements that cover the following topics:

• Unequal division—something other than a 50-50 split—of property acquired during the marriage.
• Individual responsibility for debt, compared to the state norm of a 50-50 split in responsibility.
• One spouse takes priority over the other in the management of property and other assets acquired in the course of the marriage.

However, the state may not recognize all terms of the prenuptial agreement if it appears to be heavily weighted in favor of one spouse over the other. Lawyers for both parties should independently review the agreement before it is signed.

California divorce laws pertaining to pre-nuptial agreements may be overridden by federal laws such as ERISA, the Employee Retirement Income Support Act. ERISA can sometimes force a divorced spouse to pay spousal support from a pension even if the pre-nuptial (or divorce) agreement sought to block such payment.

Post-nuptial agreements

A post-nuptial agreement is another option, even for the couple that does not plan to file for divorce in San Francisco. For example, if there is a significant change in the income of one spouse or a windfall (such as a divorce or legal settlement), a post-nuptial agreement might provide a clearer sense of their financial situation. The validity of the agreement is enhanced if there is full disclosure of financial debt and assets, there is some sense of fairness, and there is no duress placed on the spouse being asked to sign the agreement.

File Divorce in San Francisco

Contact McDonald & Mannion with your questions about pre- or post-nuptial agreements in San Francisco.  Divorce law can seem much less complicated with the help of a skilled San Francisco divorce attorney.  For your convenience, we also offer services in Spanish.