What You Need to Know About Prenuptial Agreements in California

What You Need to Know About Prenuptial Agreements in California

Prenuptial agreements are more popular now than ever, and for good reason. There is no longer a stigma attached to drafting them, and if you are a high net-worth individual and plan on getting married, drafting such an agreement is one of the wisest things you can do. Please continue reading and reach out to our experienced California family law attorneys today to learn more about how we can help you. Here are some of the questions you may have:

What is the function of a prenuptial agreement?

Essentially, when you draft a prenuptial agreement before marriage, you are creating a contract with your partner that states what will happen with certain assets, should you ever get a divorce in the future. These are documents that can protect your hard-earned assets, so you need an attorney’s assistance who has years of experience working with couples to create dependable prenuptial agreements.

How do I know if my prenuptial agreement is valid?

Rather obviously, a prenuptial agreement means nothing if it is not valid and legally enforceable. The validity of prenuptial agreements in California is governed by the Uniform Premarital Agreement Act, and has been since 1986. Any valid prenuptial agreement must meet the following qualifications:

  • All prenuptial agreements must be signed with the valid consent of both parties. They must have the mental capacity to consent, and there must be no evidence of undue influence, fraud, or a mistake when signing.
  • All prenuptial agreements must be drafted before marriage, and will not take effect until a marriage is official.
  • Prenuptial agreements may not include negative impacts on any children the couple may have, or will have in the future. Prenuptial agreements strictly deal with a couple’s property and finances.

Can I draft a prenuptial agreement if I am already married?

If you are already married, you may not draft a prenuptial agreement. However, you may still draft a postnuptial agreement, though these are slightly more complex. This is because oftentimes, in California, couples will have to prove that such agreements were not signed “under duress” due to financial dependency. That is why if you are someone who is looking to draft such an agreement, you must retain experienced legal representation by an expert family lawyer. If you have any additional questions about marital agreements in California, please do not hesitate to reach out to our knowledgeable Los Angeles family law attorneys today. We are here to help.

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Divorce and family law issues are notoriously complicated and personal, which is why you must hire an attorney with years of experience, as well as the compassion and skill needed to handle these sensitive matters. For the qualified, dedicated legal representation you and your family deserve and need, contact Zitser Family Law Group, APC today.

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