California Prenuptial agreement law is not easy to handle on your own because some strict legal requirements must be met. Our orange county prenuptial agreement paralegal will carefully negotiate between the spouses and draft with great care your Prenuptial agreement.
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 prenup will help you in following situations:
1.In case of divorce or when one spouse dies, the community property usually divided by a court. If you prefer avoiding to have some or all of your individual property acquiring during marriage to be divided up by a court, you can write it in premarital agreement.If you would like to keep your finances separate, 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 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 prenuptial, prenup would help.
There are two defenses to enforcement. First, a spouse did not sign it voluntarily. Second, unsociability.
A California prenuptial agreement will be considered not voluntarily unless a party challenging agreement was represented by independent legal counsel OR WAIVED the representation IN SEPARATE WRITING.
A party must have at least 7 days to review agreement before she/ he signs it. IF a prospective spouse NOT REPRESENTED BY INDEPENDENT counsel she/he must be fully informed in writing of term and basic effect of agreement.Prenuptial agreement is similar to postnuptial agreement , but postnuptial is entered into after a party got married.
Any court will look how fair your agreement to each of the spouses in order to enforce it. Our orange county prenuptial agreement paralegal will help you to come to an agreement fulfilling your intent and enforceable in the court.