Stolar Law Group, APLC has almost four decades of experience working solely with prenuptial agreements. The lead attorney at Stolar Law Group, APLC, has handled a wide range of different clients from many different backgrounds. These include celebrities, CEOs of major companies, and licensed professionals such as lawyers or doctors. With so many years of experience and such a wide range of clients, Stolar Law Group, APLC, has seen it all. This means that whatever challenges may arise, you can rely on this nuptial agreement lawyer to find a solution.
Not all prenuptial agreements are the same. Some are drafted by highly trained professionals from Stolar Law Group, APLC, and others are generated by a do it yourself site. The premarital contracts that are written by Steven Stolar have the legal backing, as well as ensuring that each party entered the agreement willingly – which is one element that makes it more secure if it is ever challenged. Online resources don’t have the same strengths as an experienced attorney, and you are putting your marital assets at risk. Contact Stolar Law Group, APLC to learn how you can protect yourself and your assets. You don’t want to run the risk of not having a prenuptial agreement going into your marriage.
WHO WILL DRAFT MY PRENUPTIAL AGREEMENT?
Ideally, your prenup lawyer will draft the prenuptial agreement personally. This is something you can expect when working with Stolar Law Group, APLC, as the lead attorney at this firm handles the entire drafting process from start to finish. In contrast, other firms may delegate these tasks to paralegals or new partners with little experience. As the lead attorney Mr. Stolar has the necessary knowledge and resources to ensure that your prenuptial agreement is rock solid.
CAN I GET A PRENUP ONLINE IN CALIFORNIA?
Almost every pre-wedding agreement lawyer will tell you to avoid digital forms or online apps when drafting your prenuptial agreement. Each marriage is slightly different, and a cookie-cutter template may not take into account your unique circumstances. For best results – and to reduce the chances of your prenup being challenged in court – it is best to work with a qualified prenuptial contract attorney. Mr. Stolar has never had anyone successfully challenge any prenuptial agreement he has drafted. He is the attorney with the track record you need.
WHAT EXACTLY IS A PRENUPTIAL AGREEMENT, ANYWAY?
If you are wondering whether to get a prenuptial agreement in San Francisco, you are probably the type of person who likes to plan for the future. Instead of leaving the outcome of a divorce up to chance, you might prefer to put a clear agreement in place – ensuring that everyone is on the same page. A prenuptial agreement can certainly help you achieve this goal – although it is not quite as simple as writing a few lines on a piece of paper. To make sure your prenuptial agreement is enforceable and effective, it makes sense to work alongside an experienced prenup attorney in San Francisco, such as Stolar Law Group, APLC. Our lead attorney has over 40 years of experience directly related to premarital contracts. Below we will discuss the definition of a prenup in California, why you might need one, and what to look for in a San Francisco prenup attorney.
At its core, a prenuptial agreement is like any other contract between two parties. Instead of relying on the inconsistent, time-consuming, and expensive process of litigating a divorce, spouses may choose instead to make all the necessary arrangements ahead of time. If both spouses agree on how they want to handle the event of a divorce, they are allowed to put these agreements in writing and sign the document. In theory, this contract then becomes legally enforceable in court.
In other words, a prenuptial agreement is a legally binding contract between two spouses that outlines exactly how their divorce should be handled. This contract may include agreements on a range of subjects, including:
- How community property should be divided
- Whether alimony should be awarded
- The sum of alimony
- The duration of alimony
- Confidentiality agreements
- Penalties for marital misconduct
THE LIMITATIONS OF PRENUPTIAL AGREEMENTS
Spouses should be aware that prenuptial agreements have certain limitations. It cannot force any party to do anything that would be considered unlawful. For example, you cannot create a prenuptial agreement that would force you to use your corporation or LLC for personal expenses. You also cannot create a prenup that would require any type of fraud, money laundering, or concealment of assets. This extends to third parties as well, such as banks, brokers, and other financial institutions.
Prenuptial agreements may very well be designed to protect your assets, but they cannot leave a spouse penniless and destitute. California is of the opinion that any such arrangement would place an undue burden on the state (and the taxpayer). Therefore, a prenuptial agreement generally cannot create a situation where one spouse walks away with the entire family fortune. To learn more about the limitations of these contracts, be sure to speak with a qualified prenuptial contract attorney such as Stolar Law Group, APLC.
WHAT KIND OF PEOPLE SHOULD WORK WITH A PRE-WEDDING AGREEMENT LAWYER?
A wide range of people can benefit from working alongside a pre-wedding agreement lawyer in San Francisco. We typically hear about prenups in the context of celebrity weddings. This is because many Hollywood actors and other celebs choose prenups to protect their assets. These high-earning professionals understand that divorce has the potential to cause millions – or even billions – in losses. The fact that celebs favor prenuptial agreements should give you a clue as to why you might want to take advantage of this option and what kind of people need prenups most. A prenuptial agreement allows you to say what is important, and even if you are not a celebrity, if you want your assets protected you need to hire Steven Stolars to draft up your premarital contract.
That being said, prenuptial agreements are not only for celebrities. They also provide the same general advantages for business leaders, such as CEOs of tech companies in Silicon Valley. Even if you have a tech startup that is not yet profitable, a prenuptial agreement can help this valuable asset. Should it become the next Amazon or Facebook during your marriage, you can control what happens to this business entity without divorce causing unnecessary issues.
A wide range of working professionals may also benefit from prenuptial agreements, such as doctors, lawyers, accountants, brokers, and even tradespeople. In fact, you do not need any assets whatsoever to benefit from a prenuptial agreement. Theoretically, a prenuptial agreement can still present a number of important advantages for spouses who are not sure how their debts will be divided after a divorce. Spouses can even weigh the cost of a prenuptial against the cost of a contested divorce in the future. In many cases, spouses can save money in the long run by drafting a prenup now and avoiding expensive litigation if divorce should occur.
WHAT MIGHT STOP ME FROM GETTING A PRENUPTIAL AGREEMENT?
While almost anyone can get a prenuptial agreement, this option might only be viable for certain couples. One important thing to remember is that both spouses must agree to create the agreement. If one spouse does not want to create a prenuptial agreement, the other spouse is out of luck. If you threaten your spouse with ultimatums if they do not sign, the prenuptial agreement may become invalid. This is because any contract signed under duress could theoretically be challenged in court.
Perhaps most obviously, you cannot get a prenuptial agreement if you are already married. The word “prenuptial” essentially means “before marriage,” highlighting the only time these contracts are allowed to be drafted. However, married couples can still create postnuptial agreements to achieve some of the same protections. Ideally, spouses should work with a nuptial agreement lawyer before the marriage takes place for best results.
HOW DO I BROACH THE TOPIC OF A PRENUPTIAL AGREEMENT WITH MY PARTNER?
Breaching the topic of a prenuptial agreement may be the first real step in this process – but it is also one of the most difficult. In fact, it can be so daunting that many spouses simply avoid talking about it altogether. But with the right approach, you will quickly learn that talking about a prenuptial agreement can be productive, professional, and considerate.
The first thing you should understand is why this is a topic with such a negative stigma for many people. The general argument goes something like this: If you bring up the subject of a prenuptial agreement, it means that you “expect” there to be a divorce in the near future. It is almost as if speaking about the possibility of a divorce somehow makes it more likely to happen – which of course makes little sense.
Another common complaint is that spouses who raise the subject of a prenup only care about money. Based on a misunderstanding of how prenups work, this may be interpreted as a sign of mistrust.
For both these reasons, spouses may react badly to the subject of a prenuptial agreement. They may argue that the topic seems unromantic, insulting, off-putting, or a combination of all three. Now that you understand how spouses might react to this topic (and why), consider the following tips when broaching the subject:
- Have the conversation as early as possible (do not wait until a few weeks before the wedding)
- Start the discussion by asking their opinion about prenuptial agreements
- Be sensitive and considerate about your partner’s feelings and opinions
- Listen
- Explain in completely honest terms why you want a prenuptial agreement
- Book a consultation with a prenup attorney beforehand to get additional pointers
- Explain that a prenuptial agreement can be beneficial for both parties
- Ask what your spouse might want to include in the prenuptial agreement
- Stress that a prenuptial agreement is only possible if both parties agree
WHERE CAN I FIND AN EXPERIENCED PRENUP ATTORNEY?
If you have been searching for a San Francisco prenup attorney, look no further than Stolar Law Group, APLC. With our assistance, you can draft an effective prenuptial agreement that is in everyone’s best interests. During your first consultation, we can discuss the specific aspects of your upcoming marriage and your unique goals.
We have experience with many different clients, including high-net-worth individuals, working professionals, and those with relatively few assets. Reach out today to begin the process and approach your marriage with a sense of confidence. To have an attorney that is looking out for you and your best interests, hire our law firm. At Stolar Law Group, APLC we tailor each prenuptial agreement to fit you and your partner’s needs.