Prenuptial Agreement Lawyer – why you might consider his/her help?
If you are planning to get married and thinking about how to manage your assets; you may want to consider of prenuptial agreement lawyer.
California Prenuptial agreement law is not easy to handle on your own because some strict legal requirements must be met for the agreement to be valid. Our orange county prenuptial agreement attorney will carefully negotiate between the spouses and draft your prenuptial agreement with great care.
A California Prenuptial agreement (prenup) is an agreement between future spouses made before marriage. The agreement usually establishes a division of properties and debts in case of divorce or death.
A prenuptial agreement lawyer will help you in the following situations:
1. In case of divorce or when one spouse dies, the community property is usually divided by a court. If you prefer to avoid having some or all of your individual property acquired during the marriage to be divided up by a court, you can write directions in premarital agreement. If you would like to keep your finances separate, a prenuptial agreement is right for you.
2. If you would like to provide for your children from your previous relations, you can set up with your spouse provision so that one or both of you can give up the right to claim a share of the other’s property at death.
3. If you wish to protect yourself or your spouse from debts brought to the marriage; a prenuptial, prenup would help.
DEFENCES YOUR PRENUPTIAL AGREEMENT LAWYER MIGHT ANTICIPATE
There are two defences to enforcement; first, a spouse did not sign it voluntarily; second, unconscious ability.
A California prenuptial agreement will be considered not voluntary unless the party challenging the agreement was represented by independent legal counsel OR WAIVED the representation IN SEPARATE WRITING.
A party (future spouse0 must have at least 7 days to review the agreement before she/ he signs it. IF a prospective spouse is NOT REPRESENTED BY INDEPENDENT counsel, she/he must be fully informed in writing of the terms and basic effect of the agreement. A prenuptial agreement is similar to post-nuptial agreement , but post-nuptial is entered into after a party is married.
Any court will consider how fair your agreement is to each of the spouses in order to enforce it. Our orange county prenuptial agreement attorney will help you to come to an agreement fulfilling your intent and be sure that it is enforceable in court.
Before you start your Prenuptial Agreement, our Prenuptial Agreement Lawyer will help you decide whether a prenuptial agreement is appropriate. If the spouses have no assets or debts, an agreement may not be worth it, and there are also other alternatives like really good estate planning, and it is possible for a spouse to keep their separate property after marriage via something like a living trust. If you have large amounts of property and want to avoid community property law, then a Prenuptial Agreement is recommended.
Prenuptial Agreements are subject to the same enforcement as other contracts, if the agreement does not have an essential contractual element, it can be used as a defence. Other Defences may include Duress, Fraud, Undue Influence, lack of capacity to contract, unconscionably, being the product of a mutual mistake, it fails to perform a material condition, neither parties follow the agreement, or the other party disagrees to the agreement. Effect of Lack of Consideration is not a defence that can be used on a Prenuptial Agreement.
If someone is “Unconscionable at the time of Execution”, it means that they were not given fair, reasonable, or full disclosure of the other parties property or financial obligations, they did not voluntarily and expressly waive in writing any right to such disclosed beyond that provided, and they could not of reasonably had adequate knowledge of the other party’s property or financial obligations. A Prenuptial Agreement lawyer can help with making sure your prenuptial agreement is Conscionable. Lack of “Voluntariness” occurs when the party did not enter into the agreement voluntarily, one diffidence is though that the one who claims that the agreement favoured the other side has the burden of proof to show that the agreement was not voluntarily entered into. Though there are cases where the spouses may be in a confidential relationship and are incapable and in this case, the fiduciary standard applies.
Your Prenuptial Agreement should avoid things related to religion or personal issues, especially with the children. For these things, you can have a separate nonbinding agreement that may cover how you choose to live your life. A Prenuptial agreement should also not promote dissolution, as this makes it unenforceable as it only provides substantial value in event of a dissolution. An example of promotion of dissolution is the promise to give a sum of money if the marriage is dissolved. Our Prenuptial Agreement Lawyer will help you make sure your Prenuptial Agreement does not have anything that it should not have.
