Go to navigation Go to content
Phone: 415-635-0411
The Law Offices of Paul H. Nathan

Q:
Do I need a severability clause in my San Francisco prenup?

A:

You’re getting married and have decided to construct a San Francisco prenup in order to protect yourself if things go sour in the relationship. Your friend recently told you about how hers contains a severability clause, and now you’re wondering if you should have one too.

What is a Severability Clause?

  • A severability clause protects you in the event that one of the previsions in your prenup is invalid. The clause would state the rest of the prenuptial agreement is still valid and should be upheld if the marriage dissolves.

Why Would You Need One?

  • If there is an error in drafting your prenup or if any of the situations change, your ex’s attorney may attempt to state that the prenup isn’t invalid anymore. This means that everything you are trying to protect could end up in the hands of your spouse.

How Can I Get a Severability Clause?

  • Speak with your divorce attorney about adding a severability clause to your prenuptial agreement. Your lawyer can discuss the terms of the clause and tell you if including it in your prenup is wise. You will also need to have your spouse on board with the decision in order for it to be valid.

The Law Offices of Paul H. Nathan can help you in drafting your San Francisco prenup. We can work together to come up with an agreement that we think will keep you and your assets safe during a divorce. We specialize in helping women through divorce and protecting them afterwards with prenups. Contact us today to find out how we can help you.

If you like what you’ve read, we encourage you to visit our Facebook page for more information.