Do I Need a Premarital Agreement?

Premarital agreements are becoming much more common in Pasadena and throughout California. You might be wondering whether it makes sense to enter into a prenuptial agreement with your soon-to-be spouse.

Generally speaking, if you anticipate having any assets or debts in the event of a divorce, a prenuptial agreement can protect you and your financial interests.

We can help to ensure that the agreement meets California enforceability requirements and that it provides the protection you need to feel secure. Many premarital agreements will include terms pertaining to spousal maintenance and the classification and division of community property.

How to get a Prenup in California

In order for a prenuptial agreement to stand up in court and be valid, the agreement must satisfy the below requirement:

• Each spouse must present a detailed report of his or her own properties, assets, finances and debts.
• There must be a minimum of 7 days between the prenuptial agreement being presented to the receiving spouse and that spouse signing the document.
• Neither spouse must be under duress when signing the agreement.

It is best practice for each spouse to retain his or her own legal counsel when navigating the prenuptial agreement process. This is a measure that will ensure each party fully understands the details of the agreement, which is important in the event that the prenup later gets challenged in court.

Elements of a California Prenuptial Agreement in Pasadena

We regularly work with individuals to make certain that their premarital agreements are enforceable according to the California Uniform Premarital Agreement Act.

We want to emphasize that there are certain requirements for a premarital agreement in the state, and there are certain issues that cannot be included in your prenup. First, we want to highlight that this agreement must be in writing. As such, it is important to have an experienced attorney to help craft the language of your agreement. Our team can help draft your premarital agreement.

Avoiding Unenforceable Elements in Your Agreement

California law says that certain issues cannot be agreed upon in a Pasadena prenuptial or premarital agreement.

Your agreement can contain terms related to spousal maintenance and the classification or division of community property, but a premarital agreement will not be enforceable when it comes to terms relating to child support or child custody.

We can help to ensure that your agreement contains enforceable language, and that has provisions for legal matters that may arise or become disputed in the event of a divorce.