Beverly Hills Prenup Lawyers – Beverly Hills Prenuptial Agreement Attorneys

Posted By Aaron Denton, Uncategorized On August 22, 2020

Live in Beverly Hills? Need help with a prenup? Our Beverly Hills prenup lawyers can help you. We understand that getting a pre-nup is a stressful process. We make this process simpler, and easier, by answering the questions you have, and making sure you get the outcome you want.

When a couple is entering into a marriage, there’s a number of things to take into account. For example, this might mean a prenup agreement, known as a premarital agreement. A prenup isn’t something everyone wants to consider, but there are situation where you, or your spouse, may want to get a prenup agreement in order to protect your financial wellbeing in the event of a divorce. Typically, a Beverly Hills prenup agreement is where an individual has assets, and wants to protect them in the event of a divorce. Regardless of the situation, a prenup agreement can provide both spouses with utmost clarity, and peace of mind, when it comes to protecting your financial interests.

Requirements for a Prenup Agreement in Beverly Hills

According to state law, premarital agreements have to be signed by both spouses before it becomes effective. The principles of contract law apply to premarital agreements, meaning both parties have to give valid consent to the terms in the agreement. It means that consent cannot come, as a result of fraud or mistake.

Prenup agreements are limited in regards to what they can include. Under state law, prenup agreements can cover present, and future property, as well as other matters.

State law requires full disclosure when it to all property and finances in the premarital agreement. In addition, in order for a Beverly Hills prenup agreement to be valid, there must be ample time for a Beverly Hills prenup attorney to review the agreement before its signed. Any agreement that does not meet these terms can be invalidated.

There are limitations to a Prenup Agreement

In addition to meeting certain legal requirements, prenup agreements cannot cover aspects of your marital life. For example, a prenup agreement cannot cover child custody, or child support. No premarital agreement can remove a court’s authority to manage/decide child custody, or visitation rights. California state law forbids any future children’s rights.

Premarital agreements are also prohibited from including anything illegal. For example, any prenup agreement which discusses compensation for things like domestic services, or companionship, is not enforceable.

A Word About Prenups

Prenuptial agreements, also called antenuptial or premarital agreements, became popular in American culture in the 1980’s.  It said that the ancient Romans used premarital agreements centuries ago as well. Basically, a prenup is a contract signed by two people who intend to be wedded to each other.

The material statutes in the Family Code of the Golden State outline the rights and obligations of spouses and domestic partners. Some of these can be renegotiated and rewritten by a contract. Spouses-to-be may decide on some details in advance of marrying. Terms can even be laid out for the eventuality of the untimely death of a spouse. 

The agreed upon terms can diverge from the default provisions under the present state legislation.  If this is something one or both people want to do, then a prenuptial agreement is the option that makes most sense.

Can You Sign a Prenup Without a Lawyer?

As is the case with any contract, it is possible to both write a prenuptial agreement by yourself and to sign one.  Especially if you are on the receiving end of the prenup, having legal counsel at the time you sign is wise but not required in all jurisdictions.  

Enforcing Prenups That Were Signed Without a Lawyer

For a judge to determine that the signatures on a prenup were voluntary, the party who was presented with the prenup must have either contacted and met with their own lawyer, or they must have, in writing, voluntarily forfeited their right to have an attorney.

According to the California code, said party must have been given at least seven days to consult an attorney before signing a prenuptial agreement. In a case where one party had no lawyer representing him or her at signing, that party must be able to present a clear and correct explanation as to the stipulations of the contract to show that they understood what they were signing.

While neither party is obligated to have legal representation according to California laws, courts are generally iffy about  enforcing a prenup signed by a person that didn’t have independent legal representation. In cases like these, especially if the wording in the prenup appears to be unfair to the party that didn’t have a lawyer or if there is a question about coercion or duress, a court might invalidate that prenup altogether.

What Criteria Characterize a Valid Prenup?

For your prenup to be considered valid, the agreement must be in writing and be signed by both parties. The parties are at liberty to sign without a lawyer, but as mentioned above, the absence of a lawyer can raise questions when it comes time to enforce its provisions.  The prenup can later be modified or revoked after the couple has already married. Such changes also necessitate a written agreement signed by both of the spouses. It is worthy of note that because of the unique and intimate kinship between husbands and wives, the mere mention of a prenup can bring about suspicions of undue influence.

The law provides that the intimate, fiduciary link between husbands and wives “imposes a duty of the highest good faith and fair dealing on each spouse.” Family court judges have the authority to penalize any violation of fiduciary obligation. 

The Power of Prenups in California

Some key limits of the power of prenups in California:

  • The rights of children to receive support cannot be negatively affected by a prenup
  • A family court will only enforce clauses that minimize or rescind spousal support below legal levels if the affected spouse had the chance to get legal representation at signing.
  • If the judge determines that a waiver of spousal support is unconscionable, they have the authority to decide not to enforce it and award support. 
  • If there are clauses in the prenup obligating one or both signers to commit crimes or otherwise break laws or public policy, the prenup is invalid. 
  • Lifestyle provisions, like clauses those dictating how much sex is required, normally cannot be enforced by courts.

The Uniform Premarital Agreement Act

You may view all of the applicable statutes relating to prenups in California state by referring to The Uniform Premarital Agreement Act.

About Prenups in California

In the 1980’s prenuptial agreements, also called antenuptial or premarital agreements, became popular in the United States, but it said that the ancient Romans used premarital agreements. A prenup is a contract signed by two people who intend to marry.

The applicable statutes in the Golden State outline the rights and obligations of domestic partners and spouses. Some of these rights can be renegotiated and modified by a contract. Spouses may decide in advance. Terms can even be decided for the eventuality of the untimely death of a spouse. 

The agreed upon terms can diverge from the default provisions under the present state legislation.  If this is something one or both people want to do, then a prenuptial agreement is the option that makes most sense.

Do You Need a Lawyer for a Prenup in California?

As with any contract, it is possible to create a prenuptial agreement by yourself.  If you choose not to get a lawyer for this, there are templates you can follow.  The risk associated with this is that you may overlook pertinent details that make it impossible to later enforce the contract. 

On the other hand, if you are on the receiving end of the prenup, then having legal counsel at the time you sign is wise.  

Enforcing a Prenup That was Signed Without a Lawyer

For the court to determine that a signature on a prenup was truly voluntary, the party who was presented with the prenup must have either spoken with their own attorney, or they must have, in writing, waived their right to have an attorney.

According to the California code, the future spouse had to be allowed a minimum of seven days to consult an attorney before signing a prenuptial agreement. For instance, if a wife has no lawyer representing her at signing, she must be able to present a clear and correct explanation as to the contents of the contract to show that she understood what she signed.

While neither party is obligated to have legal representation, courts tend to be less willing to enforce a prenup signed by a party that didn’t have independent legal representation. In cases like these, especially if the prenup appears to be unfair to the party that didn’t have  or if there are concerns about coercion or duress, a court might invalidate the prenup completely.

How Can I Be Sure if My Prenup is Valid?

For a prenup to be considered valid, the agreement must be in writing and be signed by both parties. The agreement can later be modified or revoked after the couple has already gotten married. Such changes also require a written contract signed by both of the spouses. It is worth noting that because of the unique and intimate kinship between husbands and wives, the mere existence of a prenup can create suspicions of undue influence.

The law says that the intimate, fiduciary link between spouses “imposes a duty of the highest good faith and fair dealing on each spouse.” Family courts have the power to penalize any violation of fiduciary obligation. 

Note that there aren’t any fiduciary relationships between fiances. A presumption of undue influence would not apply in this case.

The Authority of Prenups in California

Some key limits of the authority of prenups:

  •  The right of a child to receive support cannot be negatively affected by a prenup
  • A judge will only enforce clauses that reduce spousal support below what the law provides if the affected spouse had the chance to get legal representation at signing.
  • If the courts determine that a waiver of spousal support is unconscionable, they have the power to decide not to enforce it and award support. 
  • If the prenup obligates one or both signers to commit crimes or otherwise break laws or public policy, it is invalid. 
  • Life-style clauses, like clauses those dictating frequency of sex, normally cannot be enforced by courts.

The Uniform Premarital Agreement Act

To view all of the applicable statutes relating to prenups in California state, please refer to The Uniform Premarital Agreement Act.