The Best Prenuptial Agreements Are the Ones You Never Hear About …
In recent decades, disputes involving the enforceability or unenforceability of prenuptial agreements have made more than their fair share of news in California. As a response to that, and 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 (UPAA).
At Holstrom, Sissung, Marks & Anderson, our lawyers draft prenuptial agreements designed to comply with California law and to fully protect the interests of our clients in Orange, Riverside and San Bernardino counties. 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 any of our Southern California office locations directly or contact us online to arrange for a free phone consultation with an attorney.
The Requirements
Generally speaking, prenuptial agreements will be binding and enforceable if the following requirements were adhered to in the process of creating them:
- Full and accurate disclosure of financial assets, property, debts, etc. of each party
- Each party represented by independent counsel and, in some cases, independent financial advice as well
- Neither party was under duress at the time the agreement was signed
- Though it may be obvious, a prenuptial agreement must be signed before marriage. An entirely different set of rules apply to agreements made after marriage, called postnuptial agreements.
A Good Prenuptial Agreement Can Be Beneficial to You Both
Prenuptial agreements are not created out of cynicism nor are they a precursor to divorce. They simply represent smart planning. In fact, the vast majority of people who take the time to have a marriage contact drawn up do so with a mindset not altogether different than what they might have when buying life insurance: Never hoping to need it.
So what are the benefits? Most of the benefits of a prenup come from using it to address issues that must ordinarily be 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.
Free Telephone Consultations
- Orange County: (714) 408-7290 / (866) 586-8231
- Riverside County: (951) 817-7665 / (866) 930-1949
- San Bernardino County: (909) 327-2065 / (866) 331-9473
To discuss your legal needs with an attorney — call our offices in Orange, Riverside or Rancho Cucamonga directly or send us a brief e-mail message.
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