A Prenuptial Agreement Protects Everyone's Rights
If you have personal assets to protect and are considering getting married, it pays to talk to a knowledgeable California family law attorney about the importance of a prenuptial agreement. Prenuptial agreements are binding agreements that stipulate what personal assets will not be considered marital property under California's community property laws, in the event of divorce.
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The lawyers at Fernandez & Lauby LLP are ready to help you protect your financial property and assets with a prenuptial agreement or post-nuptial agreement. A post-nuptial agreement is much the same as a prenup, except the married spouses agree during the marriage that certain property should remain as personal property, rather than community property in the event of contested divorce.
A valid prenuptial agreement is a contract and must meet the following requirements:
- The agreement must be in writing and executed voluntarily
- There must be a full and fair disclosure of all assets and debts at the time of the agreement
- Both signing parties should have their own legal representation
- In the event alimony limitations are included in the agreement, both parties are required by law to have their own attorney
- The agreement should be drafted several months ahead of the date of marriage
- The agreement cannot be unconscionable, giving one party an inordinate amount of property protections, while offering few legal protections to the other party
- Must be executed legally, in front of a notary public
Contact one of our offices in Riverside, Palm Desert or Irvine, California, to schedule an opportunity to meet with one of our attorneys about drafting a prenuptial or post-nuptial agreement that meets your specific needs. We represent clients throughout Southern California.
To be legally binding, some special specifications
