Prenuptial Agreement Attorney Referral Service
Married couples generally share whatever they own during the marriage, helping their relationship grow through accumulating assets as a couple and enjoying the fruits of their work without need for written agreements and lawyers.
Not all couples are alike, and some may prefer to preserve their personal assets such as property they acquired before the marriage or family heirlooms passed on from one generation to the next.
Unforeseen conflict can also arise and property relations can either aggravate the situation or become complicated due to negative sentiments of the husband and wife. A prenuptial agreement or a prenup can help protect your interests as well as your future children’s particularly when executed with the help and advice of a family lawyer.
Do I need a prenup?
A prenup is an agreement between people who are about to get married, containing provisions such as:
- The rights and duties of each spouse in property owned by each, whenever they are acquired and wherever they may be situated.
- The right to sell, transfer, assign and convey property owned by each
- How property will be disposed when the marriage ends or upon the death of either spouse or on other conditions
- The choice of law which will govern the interpretation of the prenup
- Other matters that are not contrary to law or public policy
A prenup is for you if:
- You own real estate
- You own properties of substantial value
- You own or co-own a business
- You earn a sizeable regular income or salary
- Have plans of leaving part of your estate to someone other than your future husband
Does my prenup transfer if I move out of California?
Generally, a court will interpret the provisions of a prenup according to the law of the state stipulated in the prenuptial agreement. If your prenup is silent about the state law governing the interpretation and application of its provisions, then the law of the state where your divorce is filed will govern.
Including the appropriate terms into your prenup is important for validity and enforceability and for you to enjoy the full protection that you intended at the time it was drawn up.
Why do I need an attorney to prepare a prenuptial agreement?
Knowledge of applicable laws: Family laws governing prenup agreements vary across states in the U.S. certain procedures in the execution and the nature of the provisions written into a prenup can impact the validity of your prenup.
For instance, a prenup must be in writing and entered into before the marriage. While it may contain any provision about your property relations, a prenup cannot stipulate what is illegal or contrary to public policy.
Your attorney can provide all the legal knowledge you require in order to make the best decision about the prenup.
Ensure enforceability: Certain conditions can make a seemingly valid prenup unenforceable in court. Factors such as lack of voluntariness, insufficient financial disclosure, an unconscionable contract, and lack of time in its execution can be bars to the enforcement of a valid prenup. The presence of counsel for each party can prevent any future allegation of lack of understanding, disclosure and voluntariness.
Experience in negotiations: Discussing and negotiating a prenup can be uncomfortable and may even cause undue strain between prospective spouses. An experienced family lawyer can help put parties at ease by initiating discussion on a positive note, encouraging easy communication and treading carefully on potentially stressful terms of the agreement.
In San Fernando Valley, California, looking for a family attorney who can draft your prenup is easy and convenient using an online lawyer referral system.
The SFVBA online referral system quickly connects prospective brides and grooms to a network of qualified and experienced family attorneys. Contact us at (818) 340-4529.