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If you need legal assistance and representation in creating a prenuptial agreement, we urge you to consult with alawyer at our firm well before you are planning to marry. The attorneys at our firm are experienced and skilled in drafting and filing prenuptial agreements which are comprehensive, legally binding, and valid under California’s Uniform Premarital Agreement Act.
Prenuptial Agreements in California
A prenuptial agreement is a contract made by an engaged couple which goes into effect when they marry. This agreement generally concerns financial issues, such as defining property and property rights in the event of a divorce or death of one of the partners. Spousal support may also be addressed in a prenuptial agreement although this issue may or may not be enforceable depending on the financial circumstances of the spouses at the time it becomes relevant and whether or not they had independent legal counsel when the agreement was made.
To be enforceable by the courts, certain legal formalities must be followed in the execution of a prenuptial agreement. The parties must provide full financial disclosure, the agreement must not be unconscionable in its terms for either party, nor must it be made under duress or with coercion, and the parties must understand it. Independent legal representation for each party provides them with protection. In California, it is required that a 7-day waiting period must elapse between the time the agreement is presented to a party and when it is signed.
Prenuptial agreements may be amended or revoked, following similar procedures as when it was created.
If you are contemplating a prenuptial agreement, it is strongly recommended that you have separate legal representation to ensure that your rights are protected and that your agreement is legal and valid under California law. An attorney at our firm can provide this service.