2012: Prenuptial Considerations for San Diego Residents

High asset cases with require a San Diego attorney or lawyer in most cases due to the issues regarding division. High asset divorces in San Diego may have higher financial stakes than the average divorce as well as more complex issues to address in reaching a property settlement. As a rule, the sooner you obtain qualified legal advice, the more realistic expectation you will have and the easier to reach a settlement in accordance with the law.

One factor in high asset marriages is the prenuptial agreement. These agreements set forth the division of property in the event of death or divorce, and most include a list of assets and debts for each party. However, there are strict rules regarding prenuptial agreements that may make some or all of their terms unenforceable in a divorce. For example, the prenuptial agreement may state that the spouse will not receive spousal support. But the court can set aside that provision if it believes that spousal support is warranted. Having adequate attorney representation before signing a prenuptial agreement is advisable. Having adequate representation in reviewing the prenuptial agreement’s enforceability at the time of divorce is critical. The schedule of assets listed in the prenuptial agreement may also be a valuable tool in helping your lawyer identify hidden or missing assets at the time of separation.

Another common issue in high asset divorce cases in San Diego is concealment of assets. Since community property laws direct the equal division of all assets of the marriage, many people are tempted to conceal some assets to avoid having to share them. However, this practice is illegal and can incur severe consequences and penalties. By paying close attention to financial issues throughout the marriage, you may be able to be better prepared to deal with the issue of hidden assets. Be especially alert for suspicious financial behavior if you suspect the marriage is ending, even before the divorce papers are served.

In some high asset divorce cases, the issue of financial wrongdoing often arises. Failure to pay bills in a timely manner, unsound investments, excessive personal debt or uncontrolled spending by one party may affect the final division of property as well.

Finally, in many high asset cases, one spouse is the primary breadwinner while the other stays home. A divorce can result in devastating financial consequences for the stay-at-home spouse. Spousal support may be critical in making the transition to self-support. Further education may be necessary, as well as assistance with immediate living expenses. Your lawyer can help you determine and negotiate a reasonable amount and term of spousal support to enable that transition.

Having a knowledgeable, experienced San Diego divorce attorney can impact the rest of your life. For a confidential complimentary initial consultation, call our office at 858-312-8500 or contact us online. We can help you obtain a division of property in accordance with the law to help you start your new life.

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