Prenuptial Agreement Preparation
SERVICE
California Prenuptial Agreement Preparation
Our law firm probably prepares more California prenuptial agreements than any other firm in the state per year. We have 26 years’ experience, and the best rates for premarital agreement preparation in California. Furthermore, we guarantee that we will meet or beat any other attorney or law firm prenuptial agreement preparation rates so long as they can be verified.
We have streamlined the process of preparing a California prenuptial agreement, which enables us to offer the discount rates that we do.
- The process of getting your prenuptial agreement prepared by our law firm is really simple. You simply call us at 800-816-1529 extension 1. Tell our staff that you would like to have a prenuptial agreement prepared, or you can click here and fill out one of our contact forms. We recommend that you call for faster turnaround times.
- Once we receive your call, we will contact you to verify you want the service. We will either text or email you the link to our electronic retainer form which you electronically sign from your smart phone, tablet, laptop, or desktop computer.
- Once we receive the signed retainer from you, we will open up your case in our system, and send you an invoice for the fixed fee amount of our service. You will be able to pay through our online payment portal which has bank level security. We will never see your credit card or online check information. It is all handled through our payment processor.
- Once we receive notice that you have paid, we will send you an intake form that will give us all the information we need to complete your prenuptial agreement. If you have any special requests for the prenuptial agreement, you will place those requests on the intake form.
- We will also place the financial disclosure forms necessary for the prenuptial agreement in our online portal which you will download and which you and your fiancé will fill out is required for the prenuptial agreement. These financial forms will be attached to the premarital agreement once it is completed.
- We will then send you a copy of the completed prenuptial agreement so that your fiancé’s attorney can review and sign.
We know it sounds like a lot, but frankly it is a quick and simple process and it’s much simpler than going through a nightmare divorce or you can potentially lose all of your assets, etc.
Obviously if you have any questions, you may call us at 800-816-1529 x. 0.
Read below to learn about California prenuptial agreements.
California Prenuptial Agreements
Prenups help avoid costly legal battles and prevent acrimony in the event of a future separation or divorce. However, like any contract, a prenup must meet certain requirements for it to be legally valid and enforceable.
These include full disclosure of assets, both parties agreeing voluntarily and fairness in the terms. Also, a prenup cannot restrict one party’s right to child custody or support.
What is a prenup?
A prenuptial agreement is a contract made by individuals before they get married that establishes the terms of their estate in the event of divorce or death. It also determines other issues such as alimony.
A couple can use a prenup to pass on separate property to children from prior relationships, to avoid unnecessary taxation of assets, or to protect their small business. They can also specify that debts are separate rather than marital, which may be helpful if one spouse has substantial credit card or other debt that they incurred before the marriage.
While no soon-to-be spouse wants to think about the possibility of a divorce, it is important to have an honest conversation about it. This can save both financial and emotional stress if the need arises. For couples with significant assets or debts, dependents, or a small business, it is especially important to discuss a prenup early in the engagement. This can help ensure that the document is clear and properly executed.
How do prenups work in California?
Like any contract, a prenup must meet certain requirements to be valid and enforceable. The requirements differ from state to state, but in California, the prenup must be voluntarily signed by both parties and notarized. It must also address issues that will affect the couple during marriage, such as property division upon death or divorce.
It must outline a list of all assets and debts. This includes any assets the couple brings into the marriage and any that they acquire during the wedding. It must also include a list of any premarital debts. The agreement must also address how any separate property is to be handled if it is commingled with community property (like financial accounts) during the marriage.
Lastly, the prenup must include the terms of any spousal support. However, it cannot stipulate that no spousal support will be paid or waived. Additionally, the couple must be provided with independent legal counsel before signing the prenup.
What are the benefits of a prenup?
A prenup alleviates the uncertainty surrounding how assets would be divided in the event of a divorce. This can include the division of property, real estate, investments, intellectual property, and other financial instruments. The process also fosters open communication between a future spouse and their loved one about financial matters.
The agreement can also address how the couple would divide their debts in the event of a divorce. It can specify that certain assets are not marital property (such as a beach house) and outline the rights to life insurance benefits.
However, couples cannot contract about children or spousal support in a prenup. California law requires a seven-day waiting period between when the final agreement is presented and when the parties sign it, to allow them time to consult legal counsel regarding their rights and obligations. This protects against an unfair agreement that could be deemed void. Also, it prevents the discussion from becoming emotional or tense.
What are the disadvantages of a prenup?
The topic of prenups is often difficult to discuss because discussing money issues and divorce are not romantic subjects. However, a well-drafted prenup can offer couples financial security and reduce conflicts that may arise in the future in case of a divorce.
Additionally, a prenup can protect a spouse’s inheritance from previous relationships or children. It can also clarify that a spouse’s debt is their own and not community property. This can be beneficial when a spouse is paying off student or credit card debt before entering the marriage.
But the benefits of a prenup can be negated if it is not prepared properly. California law requires that both parties receive full disclosure of the facts before signing. Additionally, a Judge can set aside a prenuptial agreement if it is found to be fraudulent, undue influence or unenforceable. An experienced prenup attorney like our law firm, The Law Office of Norman Gregory Fernandez, can review your circumstances to ensure that the contract meets all requirements. This will help you avoid costly disputes in the future.
Phone Number
800-816-1529 x. 1