Discussion of premarital agreements should not be taboo or off-limits for California couples. These agreements are about protecting everyone. If this is not your first marriage or you have significant assets before the marriage, a premarital agreement could be an intelligent choice. At the Law Offices of Ronald K. Stitch, we are ready to work on your case today. Let our Simi Valley premarital agreements attorney get to work so you can have peace of mind going into your marriage.
What is a Simi Valley premarital agreement
Premarital agreements, commonly called prenups, are governed under California’s Uniform Premarital Agreement Act (UPAA). This law states that written prenuptial contracts signed by both parties become effective as soon as the couple marries.
But what goes into a premarital agreement?
Premarital agreements cover a range of issues but usually revolve around a couple’s current and future property rights. In some cases, terms of spousal support are also covered in a premarital agreement. These can be valuable if one or both parties come to the marriage with significant assets. However, a premarital agreement cannot negatively affect child support, and it cannot govern the court’s power over issues related to child custody and visitation.
Premarital agreements require valid consent from both parties. The parties must be mentally able to agree to the prenup, and the agreement cannot result from a mistake, fraud, or inappropriate influence.
Under the UPAA, several amendments have been in place to govern all premarital agreements since 2002. These agreements will only be enforced if the spouse:
- I received complete financial information about the other party before signing.
- I had seven days from receiving the agreement to review it (and have an attorney review it if necessary).
- Was represented by a separate attorney than the one who drafted the agreement (unless they received and signed an affidavit upon receipt detailing information about the terms and obligations of the contract).
Can premarital agreements be modified
Yes, premarital agreements can be modified or even revoked. However, for this to happen, both parties must approve and sign the new deal.
We are ready to help formulate a plan
You may have considered a premarital agreement if you plan a wedding soon. While we hope you never need to use it, these agreements can protect you in the future. At the Law Offices of Ronald K. Stitch, we want to ensure that your premarital agreement is crafted correctly and in a way that will hold up if a separation occurs. These agreements are legally enforceable by the courts, so you must ensure they are completed correctly. We understand California marriage and divorce law, so let us get to work today. When you need a Simi Valley premarital agreements lawyer, you can contact us for a free consultation by clicking here or calling (818) 707-0202.
