In California, couples who are planning to marry may enter into a prenuptial agreement that sets forth financial rights and obligations should their marriage end in divorce. Prenuptial agreements may also provide terms that address matters of property division and debt. Under California law, prenuptial agreements are valid, so long as couples take the appropriate legal steps to establish their agreements.
There are both pros and cons to prenuptial agreements, and one of the benefits is that they can be utilized to protect your rights and property, especially when you are represented by a skilled and experienced attorney. California family law attorney Bruce A. Mandel represents clients in prenuptial agreement matters, and he knows that in some circumstances, prenuptial agreements are practical and advantageous.
California Prenuptial Agreement Requirements
It is important to take all necessary steps, beginning with legal representation, to make sure that your prenuptial agreement is valid and enforceable. You and your future spouse should each enlist the services of a prenuptial agreement attorney to make sure that you are both protected.
Both parties to the agreement must provide full disclosure of financial assets and obligations before executing the contract. After full disclosures have been made and the prenuptial agreement has been drafted, parties must have a minimum of seven days to review the final version of the agreement before signing it.
Finally, the agreement must be in writing and voluntarily signed by both parties. ‘Voluntarily’ means that the parties freely signed the document in the absence of fraud, undue influence, or duress. If you skip any of these important steps, your prenuptial agreement may be challenged and declared invalid by a California court.
Marital Agreement Mistakes To Avoid
The easiest way to make sure that your prenuptial agreement is valid under California law is to comply with the first step described above, and make sure that you and your future spouse are each represented by an attorney. Your attorneys will help you avoid the following common mistakes:
- Failing to disclose all relevant assets and liabilities
- Failing to wait the previously mentioned seven days before signing the agreement
- Waiving the right to spousal support without legal representation
- Including unenforceable terms dictating child custody and child support matters
- Signing the agreement under fraud, duress, or undue influence
Prenuptial Agreement Legal Representation
Marital agreements are more common today than they were in the past, and they are no longer seen as a sign of impending marital doom or that your marriage is starting off on shaky ground. Today, prenuptial agreements are more commonly viewed as a way to be prepared and protected for life’s unexpected events.
If you are planning to marry and are thinking about a prenuptial agreement, you need an attorney to make sure that your rights and interests are protected. Contact the Law Offices of Bruce A. Mandel at 424-250-9130 or submit an online form to schedule an initial consultation.
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