Glendale prenuptial agreement lawyers

Posted By Aaron Denton, On August 25, 2020

Couples who are planning to get married should consider entering into a prenuptial agreement. A prenuptial agreement can provide important legal protections for both parties to the marriage. A prenuptial agreement will remove potential uncertainty in the event the marriage is later dissolved. To ensure that a prenuptial agreement is done correctly and adequately addresses your situation, you should contact a California prenuptial agreement lawyer for assistance.

What are the legal requirements for an enforceable prenuptial agreement?
In order for a prenuptial agreement to be legally binding, it must comply with certain legal requirements. If the agreement does not meet the legal requirements, then it could result in the agreement not being valid in parts or in its entirety. Some of the legal requirements include:

  • The agreement must be entered into in contemplation of a future marriage. The parties to a prenuptial agreement must not be married at the time the agreement is entered. The terms of the agreement must clearly indicate that the agreement is made in relation to an upcoming marriage.
  • The agreement must be fair in its terms. The prenuptial agreement must contain terms that do not significantly favor one party over the other. Both parties should receive some benefit and protection as a result of the agreement. If the agreement is disproportionate in its term, then it may not be upheld.
  • The agreement must be entered into voluntarily. If one of the parties signs under duress, coercion or undue influence, then it may be invalidated.
  • The agreement must not be the result of fraud. If one of the parties made false representations or knowingly withheld information, then the agreement could be invalidated on the basis of fraud.
  • The agreement must be signed by both parties. In order for the agreement to be legally enforceable, it must be voluntarily signed by both of the parties. If only one party signs, then it may not be enforceable against the other party.

By working with prenuptial agreement lawyers on the agreement, you can ensure that the legal requirements are satisfied and your agreement will be enforceable.

What can be included in a prenuptial agreement?
A prenuptial agreement can address a variety of different issues. Because California is a community property state, prenuptial agreements can be important to help preserve each party’s separate property. According to community property laws, an increase in value on certain property held prior to the marriage could result in your spouse obtaining an interest in that property. To ensure that each party to a marriage maintains the property, assets and accounts held prior to the marriage free and clear from any claim from their future spouse, a prenuptial agreement should be drafted.

Prenuptial agreements can address several issues, including:

  • Preserving each party’s separate property interests
  • Protecting each party against liability and debts accrued by the other
  • Setting forth how property/debt will be handled in the event of divorce
  • Protecting each party’s inheritance
  • Determining how spousal support will be handled in the event of divorce

Why should you consider a prenuptial agreement?
While most people do not intend for their marriage to end in divorce, many marriages do. Divorce can be an expensive and complicated process. A prenuptial agreement will help simplify issues that may arise in a divorce. A prenuptial agreement will help protect and preserve important property interests that each party has.

A prenuptial agreement will help remove much of the uncertainty that can arise in the future. Because both parties will understand their rights, it will minimize the stress and drama related to divorce.

Why should you seek out the assistance of a prenuptial agreement lawyer?
A prenuptial agreement should be comprehensive and address the potential issues under the circumstances. Because every situation is unique, the agreement should be carefully drafted in such a way as to be specific to your situation. An attorney will help prepare a prenuptial agreement that is personal to your situation, comprehensive and legal.

To ensure that both parties to the agreement have their interests protected, each party to the agreement should have their own independent legal counsel. Each party’s attorney will provide legal advice that is specific to you and your situation.

If you are planning on getting married in California, then contact us to discuss your options. We can provide legal advice and representation to assist you in preparing, reviewing or revising a prenuptial agreement. We strive to look out for your interests and advocate on your behalf.