SAN FRANCISCO PREMARITAL, POST-MARITAL, & COHABITATION AGREEMENT ATTORNEYS

Secure Your Financial Future with Family Law Agreements in the Bay Area

The decision to negotiate and draw up a premarital agreement in preparation for your marriage is an intensely personal one. While it may seem averse to the romantic notions accompanying your wedding day, it can be a wise and practical action for many couples to take. These can include not only the very wealthy entering a marriage with many and/or complex financial considerations, but others as well.

These can include those who will be blending families from previous relationships; those building businesses and professional practices; and couples who favor pre-planning on matters as crucial as their rights and responsibilities in connection with present and future assets, property, and liabilities. Such agreements can create clarity, additional trust, and stability in a forthcoming marriage.

At Nachlis | Cohade | Lopez-Whitaker, LLP, we understand that premarital, post-marital, and cohabitation agreements can be sensitive and even difficult matters. We are here to help guide you through the process of understanding, negotiating, and drafting agreements meant to protect you and your partner financially both during your marriage and in the event of divorce. We can create comprehensive written contracts according to legal standards and amend current agreements that may need to be updated.

Connect with Nachlis | Cohade | Lopez-Whitaker, LLP at (415) 855-9344.

San Francisco Prenuptial and Postnuptial Agreement Services

Also known as prenuptial and post-nuptial agreements, these are written contracts that specify each spouse’s rights and responsibilities in terms of separate property brought into the marriage, marital community property, and debts incurred by either party before or during the marriage. These documents pre-determine how these assets and debts will be divided and distributed should the marriage end in divorce. These can include written provisions for financial matters such as inheritances for children from previous relationships, life insurance policies, stock portfolios, business ventures, pensions, retirement accounts, alimony, and other financial matters.

To be legally enforceable, these agreements require full financial disclosure by both parties and cannot be made under coercion, duress, threat, or undue influence, nor can any part of the agreement be considered unconscionable in consequence for either party. They must be signed by both parties, and it is advised that each party have the benefit of separate legal counsel, as well as waiting at least seven days after the agreement is drafted to be signed.

Post-marital agreements are similar to premarital agreements, with the difference that they are created and finalized after a marriage has already taken place.

If you are considering a prenuptial agreement, it is important to consult a prenuptial agreement attorney in San Francisco who is familiar with the local court processes and California Family Code. This ensures your agreement meets all necessary legal criteria, including requirements specific to the Superior Court of San Francisco County. An experienced attorney can help clarify the distinctions between prenuptial and postnuptial agreements and guide you on issues that might impact the enforceability of your contract, such as property interests or complex compensation structures unique to the Bay Area.

A prenuptial agreement lawyer can also assist in addressing unique concerns faced by couples in San Francisco, such as tech industry stock options, business ownership within local start-ups, or property acquired prior to marriage in neighborhoods like Pacific Heights or the Mission District. Working with a lawyer who understands the local landscape provides advantages when negotiating terms that matter most to your future stability. Our team is committed to ensuring your agreement reflects your needs, priorities, and long-term goals.

Many clients benefit from a clear outline addressing the following topics in their agreements::

• Identification of separate property to safeguard personal or family assets brought into the marriage
• Allocation of future earnings or business interests that may arise during the marriage
• Debt responsibility to clarify which party will be responsible for specific obligations
• Management of spousal support expectations in the event of divorce or legal separation
• Provisions for inheritance and the protection of child custody from previous relationships

Legal Cohabitation Agreements in San Francisco

Cohabitation agreements are similar to prenuptial and postnuptial agreements. Their only difference is that they are contracted between unmarried individuals who are romantically involved, live together, and acquire property, assets, and debts together as a couple. Because they are not contractually obligated through marriage, these couples can define and predetermine their rights, responsibilities, and expectations regarding financial issues in these agreements.

In addition, seeking the assistance of a prenuptial agreement attorney can be beneficial for those entering cohabitation agreements, especially in San Francisco where local regulations and property ownership can be complex. Because the city has unique real estate and rental concerns, it is helpful to have counsel who is familiar with drafting agreements that address rights and obligations under California law and local ordinances. Our lawyers aim to provide clarity so you can move forward with confidence as your relationship evolves.

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Deciding If a Prenuptial Agreement Is Right for You in San Francisco

Thinking through whether a prenuptial agreement is right for your relationship involves careful consideration of your unique circumstances, goals, and long-term plans. People pursue these agreements for a variety of personal reasons, but commonly to provide financial clarity, protect certain assets, or plan for children from previous relationships. San Francisco's diverse community often includes couples with international backgrounds, start-up founders, and professionals with growing assets, all of whom can benefit from an agreement crafted to their needs.

It can be helpful to understand California's community property laws and how they apply in San Francisco County. Consulting with a prenuptial agreement lawyer can help couples evaluate how local rules and practices may impact property division and clarify expectations before marriage. Your attorney can also explain how courts here—including the San Francisco Superior Court—interpret and enforce these agreements, allowing you to make informed choices that fit your circumstances.

If you are considering a prenuptial agreement in the Bay Area, keep the following decision points in mind::

• Your financial situation—including current assets, debts, and future income potential
• Your goals for marital property—how property should be managed, acquired, or divided
• Potential inheritance planning—especially if you have children from previous relationships
• Special considerations for business ownership, professional licenses, or international assets

Taking these details into account can help you and your partner approach marriage with clarity and understanding. Our firm guides clients throughout San Francisco to make thoughtful, confident decisions about their financial future together.

Commonly Asked Questions

What is the difference between prenuptial and postnuptial agreements?

Prenuptial agreements are made before marriage, while postnuptial agreements are created after marriage.

What is a postnuptial agreement and why might a couple need one?

A postnuptial agreement is a legal contract created after marriage, outlining each spouse’s rights and responsibilities regarding property, assets, and debts. Couples may choose this agreement to address changing financial situations, define property rights, or clarify financial expectations, ultimately fostering better communication and strengthening their marital bond.

What role does legal counsel play in creating a postnuptial agreement?

Legal counsel provides tailored advice and verifies that the agreement adheres to legal standards. An attorney helps partners understand their rights and obligations while navigating complex financial and legal language.

Do marital agreements require full financial disclosure?

Yes, for a marital agreement to be legally enforceable, both parties must provide full financial disclosure.

Can a marital agreement be considered unconscionable?

No, any part of a marital agreement that is considered unconscionable for either party is not legally enforceable.

What is the purpose of a cohabitation agreement?

Cohabitation agreements define financial rights and responsibilities for unmarried couples living together.

Do cohabitation agreements have the same legal requirements as prenuptial agreements?

Yes, cohabitation agreements must also meet legal standards such as full financial disclosure and absence of coercion.