Need an attorney for a Premarital Agreement in Southern California?
I need a Premarital Agreements in Orange County! A premarital agreement and a prenuptial agreement, also called a prenup, are the same document. In California, this document is legally called a premarital agreement, and is governed by the Uniform Premarital Agreement Act. In the simplest terms, a premarital agreement is an agreement determined by a couple during engagement that goes into effect at the time of marriage.
Why Do I Need a Premarital Agreement, and What Can it Do?
Although sometimes they have a bad reputation, a premarital agreement is not only to protect one spouse from losing significant assets in the case of a divorce. They can be useful to any couple, especially those who have children prior to the marriage and those with significant debts or assets. There are regulations regarding what can and cannot be included in a prenup. Most financial issues can be covered, while things like child custody and child support cannot.
• A prenup can deal with division of property, including listing which items are community property and which are separate property.
• A premarital agreement can determine ownership of the marital residence.
• In California, a premarital agreement can include spousal support obligations, but it may only be enforceable under certain circumstances.
• A premarital agreement may state whether disputes regarding the prenup are to be resolved through mediation or arbitration.
• A prenup may state that after so many years, it is no longer valid. This is called a sunset clause.
• Child custody, visitation, and child support cannot be included in a prenup.
• California premarital agreements cannot contain contracts regarding marital obligations, such as chores, sex, or penalties for adultery.
Even if a premarital agreement does not contain a sunset clause, it can be revoked at any time during the marriage.
How Do I Create a Legal Premarital Agreement in Southern California?
In order to create a premarital agreement that is legally enforceable in California, it must follow certain criteria, according to the Uniform premarital Agreement Act. Amendments were made to the UPAA in 2002, which state certain procedures that must be followed during the creation of a premarital agreement in order for it to be legal and valid.
• A premarital agreement must be signed voluntarily in order to be valid.
• Upon enforcement, the premarital agreement must be unconscionable, meaning that it cannot obviously favor one party over the other.
• Each spouse must have complete information about the other spouse’s property and finances prior to signing.
• Both parties must wait at least seven days between the time they first receive the prenup and the signing of it. This is enough time to have an attorney review the agreement.
• Each spouse must also be represented by an attorney, unless the spouse or spouses without an attorney have full information, in writing, about the agreement, and sign a separate document acknowledging the understanding of the first document and waiving the right to an attorney.
A Southern California Premarital Agreement Attorney
At Yanez & Associates, our experienced family law attorneys understand the importance of creating a prenuptial agreement that is right for your situation. Working with an attorney is one of the best ways to create a legally enforceable premarital agreement. If you have questions about how a prenup could help you, or about how to create a legally recognized premarital agreement, we are here to assist you. Contact us today to schedule your free initial consultation.