What is a Premarital (also called a Prenuptial or Ante Nuptial) Agreement?
A Premarital Agreement is a written contract by parties to a prospective marriage that sets out how they agree to have property divided, support determined, and other issues decided if the marriage ends in divorce.
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Why have a Premarital Agreement?
There are many good reasons to have a Premarital Agreement. This is especially true if either or both parties are coming to the relationship with assets and/or children. How California law decides issues relating to property and support is not how the parties might expect, and conflict over these issues if the marriage ends can be very expensive and emotionally trying. By having a well drafted Premarital Agreement it can save thousands of dollars in legal expense, and promote a quick and less emotionally damaging experience for the parties if the marriage ends in divorce.
Must each party to a Prenuptial Agreement have an attorney?
No. However, it both parties have an attorney it makes it much more difficult for either party to later seek to challenge the Agreement based upon a claim that they did not understand the document, or that they were forced into signing the Agreement.
Are their time requirements about when the Agreement must be signed?
Yes. Generally, the Agreement must be available for review at least 10 days before signature to give the other party time to consult with an attorney.
Can I create a Prenuptial Agreement online?
Yes. Our service is designed to help people obtain the services of a Certified Family Law Specialist to create Premarital Agreements online.
