In the state of California, divorce can be a very complicated and lengthy process, even when uncontested. By preparing a prenuptial agreement, you can create a financial plan for what will happen if your marriage were to end in a legal separation or divorce.
Once thought to be an option only for the very wealthy, prenuptial agreements are now more commonly recognized as benefiting people of all income levels. An increasing number of couples are choosing to execute a prenuptial agreement before getting married.
Prenuptial Agreements and the California Law
There are some basic legal requirements under California law for the prenuptial agreement to be valid. A few are listed below:
- The parties must be mentally competent to consent to the agreement.
- The parties must actually consent to the agreement.
- Both parties need to have their own legal representation. However, a party can waive his/her right to counsel, but only if they understand the potential negative consequences of waiving counsel completely, and written consent is provided.
- If one party is not a native English speaker, the agreement must be translated into that individual's native language.
- In the State of California, seven (7) calendar days must pass between the time one party is first presented with the final agreement and advised to seek legal counsel, and the time the agreement is signed. Be sure to start the process of creating a prenuptial agreement well ahead of your scheduled wedding date.
- Prenuptial agreements are subject to all of the basic rules of contract law. If the prenuptial agreement is not legally valid, it will not be enforceable.
Prenuptial Agreement Review and Drafting Services Available to San Bernardino County, Riverside County, and Portions of Los Angeles County
As a family law firm, the Law Office of Aletha J. Smith, PC, is committed to helping future spouses start their marriage with a mutually agreed upon plan, in the event the parties dissolve the marriage.
Let the Law Office of Aletha J. Smith, PC prepare or review your prenuptial agreement today. Contact our office today to request your Prenuptial Agreement consultation.
