March 22, 2012 (Press-News.org) Discussing California Prenuptial Agreements With A Future Spouse
Prenuptial agreements in California are governed by the California Family Code, which sets forth specific requirements which make a premarital agreement valid in California. Some of the requirements include:
-The agreement must be in writing, as oral premarital agreements are not valid
-The party receiving the document must have seven full days in which to review the final version of the agreement before signing it
-The allocation and characterization of certain property and assets are allowed, as are certain issues related to potential spousal support amount and duration
-Child support and custody issues are not allowed in a prenuptial agreement, nor are issues which would provide for certain types of remedies in the event a party is deemed to be "at fault" in the divorce
For a prenuptial agreement to be enforceable, both parties must exchange complete financial disclosures. In addition, neither party may be coerced into signing the agreement. Both parties must be given the opportunity to consult with counsel, and the agreement must not be "unconscionable" -- meaning that it cannot be grossly one-sided or impose overly harsh or oppressive terms.
It may seem awkward to talk to your prospective spouse about signing a premarital agreement. However, there are some steps which can be taken in order to make the conversation more natural. First, try to broach the subject well in advance of the wedding, so that there is no perceived pressure surrounding the discussion. Also avoid becoming emotional during the discussion. One possibility is to use the filing of your taxes as a means to ease into the conversation logically, allowing the focus to remain on the financial impact of the agreement.
Prenuptial agreements can be complicated. There are very specific rules which must be followed as to form, in order to preserve the enforceability of certain terms and provisions.
It is important to work with an experienced attorney to draft an agreement which will be enforceable, and which will adequately protect your property and assets in the event the marriage is dissolved.
Article provided by Law Offices of Lemkin, Barnes & Row, Inc.
Visit us at http://www.lbr-law.com
Discussing California Prenuptial Agreements With A Future Spouse
Prenuptial agreements in California have to meet certain requirements to be enforceable so it is important to understand the requirements and meet with an experienced attorney to ensure your prenuptial agreement is accurate.
2012-03-22
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[Press-News.org] Discussing California Prenuptial Agreements With A Future SpousePrenuptial agreements in California have to meet certain requirements to be enforceable so it is important to understand the requirements and meet with an experienced attorney to ensure your prenuptial agreement is accurate.