A prenuptial agreement, (often called a prenup) is a contract in which two people who intend to marry each other, enter prior to marriage.
The content of the prenuptial agreement outlines the provisions for:
Over 50 percent of marriages in the US end with divorce. A prenuptial agreement is a powerful tool to protect what you rightfully own in the unfortunate, but sadly often, event of divorce or breakup of a marriage.
Prenuptial agreements protect your assets and are a powerful tool for limiting the parties’ rights to property and alimony, and if drafted and executed properly, are very hard to set aside.
We’re often asked:‘Should I get a prenup?’
Anyone who is about to enter a marriage or a civil union, and has assets he/she wants to protect, is eligible for a prenup. From a technical point of view, by drafting a prenuptial agreement with strong and well-defined terms, you can protect any asset you own from being divided in case of divorce.
If we have to be specific in answering who should get a prenup, then we’d say:
Protecting what you have obtained before you enter a marriage is the strongest and most obvious advantage of getting a prenup. In addition:
A prenup can protect your credit rating. The credit rating is extremely important for functioning well and uninterrupted in today’s society. And not being suitable for a credit after a nasty divorce is not something you should risk. Having a prenuptial agreement will protect you from taking the liabilities from potential debts of your ex-spouse, paying alimony and child support for the children you may have from the now dysfunctional marriage.
To learn more about this scenario, contact us for a free consultation.
There are two most common types of California prenuptial agreements: marriage prenups and cohabitation agreements. Explained in the simplest way possible, a marriage prenup is a contract made between two people who are about to get married, while unmarried couples can always sign a cohabitation agreement.
Contact Us to learn more about the legal power of both types of agreements in California.
In California, prenups are regulated and enforced under the UPAA, or the Uniform Premarital Agreement Act. This act states that a prenup signed by two spouses is effective from the moment they get married. After 2002, this act was amended, and as such, includes articles that explain when an agreement will be enforced against a spouse. These situations are:
In addition, in order for the provisions in the agreement to be enforceable, spouses must be represented by a California licensed lawyer. Otherwise, any provisions affecting the rights to future alimony or other spousal support, will not be enforceable.
There’s a famous saying that a prenup costs as half as your engagement ring. Which can be true to some extent. However, if you have to pay a small amount of money online and gain nothing of an advice in return, you wouldn’t want to spend even that would you?
We at California Prenuptial Agreements Group don’t just state a price. We evaluate your own situation and what you currently have in your marriage or premarital situation. We analyze and strategize along with you to create the best solution for protecting your interests.
Contact Us to schedule your consultation and get a personalized quote that fits your unique situation.
Lawyers who practice family law can do your prenuptial agreement. It’s highly advisable for both parties to have separate lawyers handling their prenups. Family law attorneys can also assist you with matters such as divorce/separation annulment, pre/post-nuptial agreement, mediation, spousal support, custody, adoption, paternity and name change.
Technically, neither witnesses nor a notary is needed for a prenup to be legally binding and viable. However, it’s common practice for the prenuptial agreement to be notarized so that the possibility for denying the signature by either party is completely eliminated.
Yes, all assets and liabilities must be disclosed prior to signing the agreement. Otherwise the agreement will be challenged in court if it’s revealed that one of the parties didn’t disclose all assets and liabilities prior to signing the prenup.
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