Glendale Prenuptial Agreement Lawyer
Glendale Prenuptial Agreement Attorney
What Is a Prenuptial Agreement?
A prenuptial agreement is a legally binding contract created before marriage to outline how a couple’s assets, incomes, debts, and other financial matters should be managed during the marriage and in case of separation, divorce, or death. A Glendale divorce lawyer has all the knowledge and resources necessary to work with the court to support your family.
Many people think of prenups as anticipating failure, but really, it’s a proactive legal tool that fosters open financial dialogue. It also protects both parties from various scenarios that could happen in life. The Harris Poll found that 15% of Americans have signed a prenup in 2022, a rate significantly higher than the 3% of Americans who signed prenups in 2010.
Some common topics addressed in the prenuptial agreement include:
- Protection of a family business or professional practice
- Division of assets and property acquired before or during the marriage
- Spousal support terms or waivers
- Responsibility for premarital and marital debts
- Estate planning considerations
- Inheritance rights for children from previous relationships
- Terms regarding joint bank accounts, investments, or retirement funds
Who Should Consider a Prenuptial Agreement?
California hosts a population of nearly 40 million and reports a rate of roughly 75 out of every 1,000 individuals divorcing.
It’s a common misconception that prenuptial agreements are only for the extremely wealthy or high-profile individuals. However, these documents offer important protections for a wider range of couples. This might include:
- Individuals entering a second or third marriage, especially those with children from the previous marriages
- Business owners who want to safeguard their companies and practices
- Couples with significant differences in income, debts, or other assets
- People with family inheritances or trusts
- Anyone who wants financial clarity and security in their marriage
A prenuptial agreement can provide peace of mind and prevent costly legal disputes down the road.
California Law Regarding Prenuptial Agreements
In California, prenuptial agreements must meet several legal requirements to be valid under state law. These requirements include:
- Written and voluntary. The agreement must be written and signed voluntarily by both parties without coercion to be legally binding. The use of threats or manipulation to sign a prenup invalidates the agreement.
- Full financial disclosure. Each party must fully disclose all assets, income, debts, and financial obligations to the other. Without transparency, the agreement is unenforceable.
- Independent legal counsel. While legal representation is not mandatory when creating a prenup, the State of California strongly encourages each party to have their own attorney to review all aspects of the prenuptial agreement. This increases the likelihood of enforceability and fairness.
- Time requirements. The agreement must be signed at least seven days before the marriage to allow both parties adequate time to review and consider all elements of the prenup.
- Fair and reasonable terms. If the terms of the prenup seem unfair or unconscionable, the courts may refuse to enforce it, especially if it involves spousal support waivers.
Having a Glendale prenuptial agreement lawyer walk you through the process of creating your prenuptial agreement can help ensure you remain within the state’s enforceable limits. At the Law Offices of Patricia A. Rigdon, we review all aspects of your agreement to make sure they support your interests, and we help you identify any possible issues that could arise as a result of the terms you and your future spouse have set.
FAQs About Glendale Prenuptial Agreement Law
Does California Require a Lawyer for a Prenup?
The State of California highly recommends a lawyer for establishing a prenup, though it is not legally required. However, if the agreement includes issues related to spousal support, the person waiving the support must be represented by legal counsel for that provision to be enforceable. Having separate attorneys helps both parties understand the terms and ensures the agreement made is fair and signed voluntarily.
How Much Does a Prenuptial Agreement Cost in California?
The cost of a prenuptial agreement in California varies depending on the complexity of the couple’s finances and the rates charged by their attorneys. Attorney fees vary based on their location, experience, and how much time they must put into the case. In cases of more complicated agreements that involve business ownership, large estates, or multiple assets, the cost can increase significantly.
Are Prenuptial Agreements Enforceable in California?
Yes, prenuptial agreements are enforceable in California if all legal requirements outlined in the California Family Code are met. The agreement must be voluntarily written and signed by both parties, free of coercion. Both parties must fully disclose their assets and debts to the other. The agreement cannot promote divorce or include unfair provisions, especially surrounding child custody or support. Legal representation is required if one spouse plans to waive spousal support payments in the event of divorce.
What Is the Seven-Day Rule for Prenuptial Agreements in California?
The seven-day rule in California requires that the final version of a prenuptial agreement be presented to the other party at least seven days before it’s signed. This gives the party sufficient time to review and consider all terms before making it legally binding. It’s better to do this with legal counsel. This helps prevent coercion and encourages fairness and informed consent. This rule is especially important if one party does not have its own legal counsel.
Contact a Glendale Prenuptial Agreement Lawyer Today
The team at the Law Offices of Patricia A. Rigdon brings years of experience with family law in Glendale to the table. Their deep understanding of California law can help couples enter into marriage with more clarity.
Our office provides you with legal solutions that reflect your unique financial situation, goals, and concerns. Contact our office on East Colorado Blvd. in Pasadena to schedule a consultation and take the first step toward peace of mind as you prepare for your upcoming marriage.
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