If you are getting married soon, you might be wondering if you need a prenuptial agreement. If that is haunting your thoughts, Kendall Gkikas & Mitchell, LLP is here to talk you through it. Keep reading to learn more about prenuptial agreements and how Kendall Gkikas & Mitchell, LLP can help.
What is a prenuptial agreement?
A prenuptial agreement is a legal agreement that outlines the responsibilities and expectations that will apply in the event that a couple gets divorced. Often, these agreements occur when one or both partners have many assets or properties. If you are not sure whether or not you need one, speak to a family law attorney like Kendall Gkikas & Mitchell, LLP.
What are the legal requirements for a prenuptial agreement in California?
So, what are the legal requirements that need to be met for a prenuptial agreement to be considered valid? For a prenuptial agreement to be valid, you need proof that the agreement was entered into by each party’s free will. You also need to show that each party had sufficient time to review the agreement and that all separate property was fully disclosed. If any of these requirements are violated, the court may conclude that the prenup is invalid.
What terms can a prenuptial agreement include?
A prenuptial agreement can include many terms, as long as they are not illegal or against public policy. Some examples of terms that a prenuptial agreement can include are as follows:
- Setting specific spousal support amounts or waving spousal support entirely
- Modifying the nature of separate or community property
- Agreeing that what would normally be community property, remains separate
- Waiving inheritance rights
There are many nuances to drafting a prenuptial agreement and Kendall Gkikas & Mitchell, LLP can assist you through the process.
If you need help with your prenuptial agreement, contact Kendall Gkikas & Mitchell, LLP today.
If you want a prenuptial agreement before getting married, you need a skilled family law attorney to assist. There are certain requirements that need to be met to ensure that the agreement will hold up in court, should the worst happen and you get divorced. The good news is that Kendall Gkikas & Mitchell, LLP is here to help. We have over 30 years of experience and can handle drafting and executing your prenuptial agreement. Are you interested in learning more? Give us a call today at 909-482-1422 to schedule your initial consultation.
To learn more about the reliable and quality family law services that we offer, visit us on the web at Kendall Gkikas & Mitchell, LLP.
