Prenuptial Agreement Requirements California

(a) «pre-marital arrangement,» an agreement between potential spouses reached in contemplation of marriage and effective in the context of marriage. Instead, marital agreements should be considered a form of «divorce insurance.» If you are buying a new car or home, buy insurance to protect your financial interests if something unpleasant happens in the future. It`s the same for your wedding. A prenupation is a way to protect the financial interests of both parties while avoiding conflicts in the future. When financial arrangements are made, there is less to discuss when the relationship moves south. (1) This party did not voluntarily execute the agreement. As you can see, it is important to ensure that you have indicated everything in the agreement and that the guidelines are followed. In fact, talk to yourself about a timeline with which you feel good, or you could sign a contract that you don`t want to be tied to. Hiring a lawyer to create a marriage and an agreement can ensure that you fully accept the terms of the contract! A pre-marriage agreement must be entered into voluntarily and with free will.

This means that any agreement may be invalid if it turns out that some form of inappropriate influence or coercion has been used for a party to sign. (c) Any provision of a pre-marital spousal assistance agreement, including, but not limited to a waiver of spousal assistance, is not applicable if the party against which the assistance provision is requested was not represented by an independent lawyer at the time of signing the agreement containing it, or if the spousal assistance provision is unacceptable at the time of the enforcement. An otherwise unenforceable provision in a pre-marital spousal assistance agreement must not become enforceable solely because the party seeking enforcement has been represented by an independent lawyer. (1) The party who was the subject of an enforcement application was represented by an independent lawyer at the time the contract was signed or, after being advised to obtain independent legal assistance, expressly waived, in a separate letter, an independent lawyer. Advice on the application of an independent lawyer is given at least seven days schedule before the final agreement is signed.