If you are considering getting married and want to establish a prenuptial agreement with your soon-to-be spouse, there are several ways to ensure that your agreement will be legally valid and enforceable.
While no one likes to consider divorce before the marriage has even started, and the idea is as unromantic as they come, the truth is that many people voluntarily enter into prenup agreements to ensure their rights are protected if a divorce ever does occur. Here are some ways to bulletproof your prenup agreement, and then move on to your wedding planning.
While you may want to immediately start planning your wedding, you should act fast regarding your prenup agreement. While you do not need to bring out paperwork moments after the proposal, you should consider establishing the prenup agreement well before the chaos of wedding planning begins. If you wait until after the planning starts, wedding dresses are purchased, and invitations are sent, there could be an argument made that the prenup agreement was entered into under some sort of coercion or duress.
Honesty is a fantastic foundation upon which to start a marriage. You must be honest with your soon-to-be spouse regarding your finances and any possible future inheritances you may receive. If you attempt to hide any of your assets, it may make the prenup agreement invalid.
A marriage is based on the concept of giving and taking. Your prenup agreement should reflect the fact that you are entering into a union. Do not address every possible issue — only those that are most necessary. If you attempt to include any frivolous, controlling, or absurd clauses in your prenup agreement, it is possible that a judge will consider it invalid later.
Some things that cannot be included in a prenup agreement in the State of California include anything related to child support, child custody, alimony, illegal acts, non-financial requirements (such as a spouse must maintain a certain weight, etc.), relationship terms (such as date night every week), or any unfair or deceptive clauses.
Follow the Legal Requirements
The State of California clearly states that a prenup agreement must have been entered into voluntarily by both parties and the agreement must be reasonable. California’s Uniform Premarital Agreement Act (UPAA) also indicates that a valid prenup agreement must be written, lawful, have signatures from both parties, be signed voluntarily, have a signature from a notary, and each party must have at least seven days to seek independent legal counsel before being required to sign.
Contact an Experienced Attorney
If you truly want to bulletproof your prenup agreement, you should visit with an experienced attorney. If you are considering a prenup agreement, you should take the steps necessary to make sure it is legally valid and enforceable.
Protecting your assets and legal rights in a prenup agreement can be complex and challenging. Contact the Law Offices of Dorie A. Rogers at 714-500-8428 or online today for a consultation and to help you with your prenuptial agreement today.