SAN FRANCISCO PREMARITAL, POST-MARITAL, & COHABITATION AGREEMENT ATTORNEYS
Certified Family Law Specialist. Over 60 Years of Combined Experience on Your Side.
The decision to negotiate and draft a premarital agreement is an intensely personal one. While it can feel at odds with the romance of an upcoming wedding, it’s a practical step that serves far more couples than most people assume. It’s not just those with significant wealth, but those blending families from prior relationships, building businesses, or simply wanting clarity on rights and responsibilities tied to present and future assets and liabilities. A well-crafted agreement can create trust and stability before a marriage even begins.
At Nachlis | Cohade | Lopez-Whitaker, LLP, we focus exclusively on family law, and we understand that premarital, post-marital, and cohabitation agreements involve some of the most consequential decisions couples make together. Led by Attorney Lorie Nachlis, a Certified Family Law Specialist through the California Board of Legal Specialization, a credential held by a small percentage of California attorneys, our team brings over 60 years of cumulative family law experience to every agreement we draft. We guide clients through understanding, negotiating, and finalizing agreements designed to protect both parties financially during marriage and in the event of divorce. We also amend existing agreements that need updating.
Connect with Nachlis | Cohade | Lopez-Whitaker, LLP at (415) 855-9344.
San Francisco Prenuptial & Postnuptial Agreement Services
Prenuptial and postnuptial agreements are written contracts that specify each spouse’s rights and responsibilities regarding separate property brought into the marriage, marital community property, and debts incurred before or during the marriage. These documents predetermine how assets and debts may be divided if the marriage ends in divorce. They can address inheritances for children from prior relationships, life insurance policies, stock portfolios, business ventures, pensions, retirement accounts, spousal support, and more.
Enforceability Requirements Under California Law
To be legally enforceable, a prenuptial agreement must be in writing, signed voluntarily by both parties, and free of coercion, duress, or undue influence. Both parties must provide full financial disclosure, and no part of the agreement can be unconscionable. Under California Family Code §1615(c)(2)(B), a minimum of seven consecutive calendar days must pass between the date the final agreement is presented to a party and the date it is signed. This mandatory waiting period applies to all prenuptial agreements executed on or after January 1, 2020, and can’t be waived even when both parties have independent legal counsel. If the agreement waives or alters a party’s spousal support rights, that party must have had independent legal counsel for that provision to be enforceable under California Family Code §1612(c).
Postnuptial agreements are created after a marriage has already taken place. Because California Family Code §721 imposes a fiduciary duty of utmost good faith and fair dealing between spouses, courts apply heightened scrutiny when reviewing these documents. This makes thorough financial disclosure and independent legal counsel especially important.
Working with a San Francisco Prenuptial Agreement Attorney
Consulting a prenuptial agreement attorney who knows California Family Code and San Francisco Superior Court processes can help your agreement meet enforceability criteria. An experienced attorney can clarify the distinctions between prenuptial and postnuptial agreements and flag issues, such as complex property interests or Bay Area compensation structures, that could affect enforceability.
San Francisco couples often face asset complexities that require careful drafting: tech industry equity compensation, startup ownership interests, and high-value real estate all call for terms that reflect the full picture of what each party brings to and builds within the marriage. A prenuptial agreement lawyer familiar with the local landscape can negotiate terms that reflect your long-term goals, not just the moment you sign.
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 children from previous relationships
Legal Cohabitation Agreements in San Francisco
Cohabitation agreements serve unmarried couples who are romantically involved, live together, and acquire property, assets, and debts as a couple. Because no marriage contract exists, these agreements define and predetermine each party’s financial rights, responsibilities, and expectations. Like prenuptial agreements, cohabitation agreements must meet legal standards including full financial disclosure and absence of coercion.
For couples entering cohabitation agreements in San Francisco, local real estate and rental dynamics add a layer of complexity that makes legal guidance particularly valuable. We draft agreements that address rights and obligations under California law and the local ordinances relevant to the city’s property landscape, helping you move forward with a clearer understanding as your relationship evolves.
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Is a Prenuptial Agreement Right for You?
Deciding whether a prenuptial agreement fits your situation means taking an honest look at your finances, your goals, and your long-term plans together. Couples pursue these agreements for many reasons: financial clarity, asset protection, inheritance planning for children from prior relationships. The right answer varies with every relationship. San Francisco’s community includes startup founders, professionals with growing equity positions, and couples with international backgrounds, all of whom may benefit from an agreement tailored to their circumstances.
Without a marital agreement, California’s community property rules generally split income and assets acquired during marriage 50/50 upon divorce. A prenuptial agreement lawyer can help you evaluate how those rules apply to your situation and explain how the San Francisco Superior Court may interpret and enforce these agreements so you can make an informed decision before you walk down the aisle.
If you’re weighing a prenuptial agreement, consider these factors:
- Your financial situation — including current assets, debts, and future income potential
- Your goals for marital property — how property should be managed, acquired, or divided
- Inheritance planning — especially if you have children from previous relationships
- Special considerations for business ownership, professional licenses, or international assets
We guide clients through these questions with the depth and care that decisions of this weight deserve.
Commonly Asked Questions
What Is the Difference Between Prenuptial & Postnuptial Agreements?
Prenuptial agreements are made before marriage; postnuptial agreements are created after marriage is already underway.
What Is a Postnuptial Agreement, and Why Might a Couple Need One?
A postnuptial agreement is a legal contract created after marriage that outlines each spouse’s rights and responsibilities regarding property, assets, and debts. Couples use them to address changing financial situations, define property rights, or clarify expectations that weren’t addressed before the wedding.
What Role Does Legal Counsel Play in Creating a Postnuptial Agreement?
An attorney provides advice tailored to your circumstances, verifies the agreement meets California’s legal standards, and helps both partners understand their rights and obligations, including the financial disclosure requirements that courts scrutinize most closely in postnuptial agreements.
Do Marital Agreements Require Full Financial Disclosure?
Yes. For a marital agreement to be legally enforceable, both parties must provide complete financial disclosure.
Can a Marital Agreement Be Considered Unconscionable?
Any provision found to be unconscionable is unenforceable. Courts won’t uphold terms that are grossly one-sided or unfair to either party.
What Is the Purpose of a Cohabitation Agreement?
Cohabitation agreements define the financial rights and responsibilities of unmarried couples who live together and share assets or debts.
Do Cohabitation Agreements Have the Same Legal Requirements as Prenuptial Agreements?
Yes. Cohabitation agreements must also meet legal standards including full financial disclosure and absence of coercion.
Speak with a San Francisco Prenuptial Agreement Attorney
If you’re ready to explore a premarital, postmarital, or cohabitation agreement, we’re here to help. Contact Nachlis | Cohade | Lopez-Whitaker, LLP to schedule a consultation and learn how we can draft an agreement tailored to your circumstances and designed to meet California’s enforceability standards.
Call us at (415) 855-9344 or visit our contact page to get started.