Coronavirus Update

In response to rapidly developing public announcements related to Coronavirus, Cage & Miles can support consults and cases remotely due to our cutting edge technology for all employees and our cloud based firm management system. Our people can work remotely on all facets of client cases. In the unfortunate event that one or more of our people are exposed to the virus, our clients’ work does not need to stop. All client files are uploaded, secured and safely backed up on the cloud. We have contingency plans in place at our two offices to see that correspondence from the court, case professionals, opposing counsel, and service providers gets uploaded to our clients’ secured cloud file so our people can work remotely. We are ready, willing and able to keep your case moving forward during these uncertain times. Please contact us if you have questions about how public announcements affect your case. Please click here for more resources.

Premarital Agreements - Part I

What is a premarital agreement?

In California, a premarital agreement, also commonly referred to as a “prenuptial agreement” or “prenup” is a written contract between prospective spouses or domestic partners regarding their respective property rights and financial responsibilities.

What laws govern premarital agreements?

Premarital agreements signed on or after January 1, 1986 are governed by the Uniform Premarital Agreement Act, which is codified at Family Code sections 1600 to 1617. Premarital agreements entered before 1986 are governed by the statutes and case law that were in effect before January 1, 1986. This article will focus on premarital agreements executed on or after January 1, 1986.

Are premarital agreements filed with the court?

Unlike marital settlement agreements, premarital agreements are not filed in court. However, if a premarital agreement covers real property assets, it may be advisable to record the premarital agreement in the county where the real property is located. Doing so places creditors on notice of the agreement and severs the rights of subsequent bona fide buyers. Your San Diego divorce attorney can best advise you whether your premarital agreement should be filed with the court.