It wasn’t long ago that when people thought of pre-nuptial agreements, they thought of rich couples or couples who knew from day one that their marriage would likely not work. This is no longer the case. Today, people of all income levels decide to get pre-nuptial agreements. While they are very common, they’re not always very simple. That’s why it pays to work with a California pre-nuptial attorney.
In most cases, couples choose to have a pre-nuptial agreement because they want everything to be clear and fair in the event the marriage doesn’t work out. These agreements can include information about what property won’t ever be considered communal property, what kids from prior marriages will inherit, and they can even spell out the specific spousal support that will be offered. In most cases, these agreements are drawn up when one or both partners have a large deal of wealth, or when there’s a large difference between the wealth of both parties. However, anyone can get a pre-nuptial agreement if they want.
How to properly draft and executive a pre-nuptial agreement in California
The courts have certain requirements in order for a pre-nuptial agreement to be considered valid. After all, you can’t simply write down information on a napkin and expect it to hold up in court. For the agreement to be accepted in a California court, the following requirements must be met:
- There must be proof that both parties who entered into the agreement did so of their own free will.
- All separate property must be disclosed.
- There must be enough time between the drafting of the pre-nuptial agreement and the signing of the pre-nuptial agreement for both parties to review the agreement and have their marriage attorney review the agreement.
In the event that a pre-nuptial agreement doesn’t meet these requirements, a court may not accept it. The result can be devastating in the event of a separation or divorce, as the parties will no longer have to abide by the division of property that was discussed in the agreement. For this reason, it’s wise to have an attorney review the agreement carefully to ensure it says what you think it does and you’re covered.
You can trust us with your pre-nuptial agreement
It’s true that you have many California attorneys to choose from, but at Kendall Gkikas & Mitchell, we’re confident that we’re the right choice. We have the two key types of experience with pre-nuptial agreements that you need. First, we’ve helped couples go through divorces and seen agreements that other attorneys have set up fall apart.
Second, we have research and evidence-gathering skills that individuals simply don’t have. If you’re worried that you’re not being given all the information you need, then we are the law firm to turn to. We will look to ensure that all property is covered. To get started, call Kendall Gkikas & Mitchell today at 909-482-1422 to set up your appointment.
