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Premarital Agreements in Southern California
Smart Planning Initiatives for You & Your Spouse
Premarital or prenuptial agreements (sometimes called “prenups”) have a bad reputation and can lead to messy disputes. In fact, many attorneys will not provide counsel for premarital agreements as part of their service due to their natural conflicts that arise. In an effort to ensure more fairness in the creation process, greater confidence in these agreements, and less litigation, California has adopted its own version of the Uniform Premarital Agreement Act.
At Holstrom, Block & Parke, APLC, our lawyers draft prenuptial agreements designed to comply with California law and to fully protect the interests of our clients. If you are considering marriage and would like to know more about how marriage contracts work and whether or not you should consider one — call us directly at (855) 939-9111!
Developing Your Prenup
Generally, prenuptial agreements will be binding and enforceable as long as certain requirements are adhered to.
They include, but are not limited to:
- Each party must make full disclosure of financial assets, property, debts, etc. they’re bring to the marriage.
- In some cases, each party will need to be represented by independent financial advisers.
- Neither party can be under duress at the time the agreement was signed.
- The prenuptial agreement must be signed before marriage.
While it is not required, having separated and independent counsel for a prenuptial agreement is highly advisable. Though you may love each other, the best way for each of you to protect your rights is by hiring an attorney to protect them for you. Separate counsel is also one way to ensure that a prenup is upheld in court.
Our firm requires clients to have an agreed upon arrangement signed at least one month prior to their wedding. Please note, a different set of rules apply to agreements made after marriage, which are called postnuptial agreements.
A Good Prenup Agreement Can Be Beneficial to You Both
Contrary to the stigma, prenuptial agreements simply represent smart planning; they are not a sign that you have a divorce in your future or that there is trouble ahead. Consider the drafting of premarital agreement on par with purchasing insurance, as a protection which you hope and plan to never need.
Most of the benefits of a prenup come from using it to address issues that are ordinarily decided during the process of divorce — something that can save both parties a tremendous amount of stress and expense later on. The only major issues you cannot use a prenuptial agreement to resolve are child custody and child support. In California, any settlement of these child-related issues is subject to review and approval of the court.
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