Palmdale prenuptial agreement lawyers

Posted By Aaron Denton, On August 25, 2020
When Should a Prenuptial Agreement be Created and Signed?
By definition, a premarital or prenuptial agreement is signed prior to getting married. It is a law binding contract that should be entered before the marriage. If you’re engaged and will marry soon, it is best to get this agreement on its way early.

How Far in Advanced Before the Wedding Should the Prenup be Signed?

There may be legal consequences for entering into the agreement too close to your wedding date. You may also enter too early. Generally, it should not be more than 180 days before the wedding. This general rule of thumb is designed so that the agreement is recent and it applies to life’s circumstances at the time of marriage.

In most cases, prenuptial agreements are signed 1-3 months before the wedding date. This gives partners plenty of time to deal with amendments or other issues that may come up. It is also relevant to that particular time in their lives.

The courts need to know that both parties entered into their agreement after completing their due diligence and having plenty of time to examine the terms. The legal system is also interested in the willingness of each party to sign it. The law wants to protect those that were manipulated or pressured into signing the document.

An agreement may be voided if signed too close to the wedding date to avoid the types of cases where the prenup was signed to avoid the humiliation of calling off the wedding because the person refused to sign it. There are cases where people enter into an agreement under duress, undue influence, or coercion.

Planning a Future Together

Couples that wait until the last minute to create a prenuptial agreement are often not satisfied with the choice because not enough thought went into it. Weddings may be big productions that take a lot of time and effort, which distracts many couples from important legal matters. It is recommended that both partners start talking about their feelings and opinions regarding assets, alimony, and other terms related to marriage.

It may not be the most fun to talk about the destruction of your marriage, it’s similar to buying life insurance and talking about one’s possible death. However, couples find that by discussing these matters in detail, they are able to feel good about the transparency they share and the openness in communication.

You hope for the best but plan for the worst scenario so that you both have peace of mind knowing that you have an agreement that you both approve and feel good about. The agreement is created by both parties and it should be something that creates a sense of relief for both people alike.

It is better to start discussing these topics early so that when the wedding planning phase comes around, you’ll have headway on the matter. You’ll have plenty of time to think about what concerns you and to make modifications as needed. There will also be a lot of time to choose the right attorney and plan it all with calmness and clarity.

You never want to rush into a legal contract, and a prenuptial agreement is a legally binding contract that is expected to benefit both parties and be carried out.

Are We Able to Change the Prenup After We’re Married?

The prenuptial agreement cannot be changed, but a married couple can enter into a new agreement. It is called the postnuptial agreement. Married couples are certainly able to change the terms of their marriage. Just like the prenuptial agreement, both parties will have full access to copies of all documentation that details the modifications.

Can Any Couple Sign the Agreement?

There are zero limitations when it comes to couples who are planning to get married. Any couple who anticipates a wedding can plan, sign, and make a prenuptial agreement valid. Your family law attorney will be able to confirm the laws that apply to the state of California. It is best to consult with legal experts who have experience in this matter.

What Makes a Prenuptial Agreement Valid and Enforceable?

For an agreement to be valid and enforceable under the law, in front of a judge, is complying with the following:

1. The prenuptial agreement must be well written and signed by both parties in front of a witness.

2. Both parties have to disclose all individual assets and debts.

3. Each partner must receive independent legal advice from their attorney. One attorney cannot serve both parties.

4. There must be no coercion, undue influence, or duress. If there is evidence for these, the agreement will be voided in the future.

5. All provisions entered by the parties must be allowed under the law.

Having a legal team working closely with you at every step of the way will ensure a successful outcome. It is never too early to start consulting with a legal expert and begin to determine what terms you want in your marriage.