I am getting married next year in CA and we are considering a prenup.
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I am getting married next year in CA and we are considering a prenup.
I have read a bit about California prenup laws and I wanted to see what we need to do to make this legal? Some of my questions are:
1) Do we need to use a lawyer? 2) Can we use the same lawyer? 3) Are there any laws re prenups we need to be aware of?
My boyfriend and I want to move pretty quickly on this. If possible to get us some information, that would be great. Let me know if you have any further questions for us!
Hello ****! Thank you for using contractscounsel.com. I'm more than happy to help. Congratulations on the pending nuptials! I know that it can be a very exciting time, but also filled with a ton of questions. Let me answer your specific questions: Generally, California law requires that prenuptial agreements be in writing. There is often confusion as to whether there must be a notary. A notary is not required, but is recommended. Moreover, California law generally requires that each party have independent counsel review the agreement if alimony is waived or included as a part of the agreement. At least 7 calendar days must pass between the date the 2nd party receives a draft of the agreement and the date that it is signed. In other words, once it is done, then a week must pass before the parties (and their lawyers) sign the agreement. Thus, to answer your questions: 1. No, you do not need a lawyer, but it is strongly recommended. On contractscounsel.com, we can draft prenuptial agreements for you as an additional job. 2. You may use ten same lawyer so long as there is no mention of alimony. However, if alimony is included (even if it is waived in the agreement), each party must have+ independent counsel review the document. (California Family Code Section 1612(c).) 3. California has a a few sections regarding premarital agreements. It's not light reading, but you can start here - https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=4.&chapter=2.&part=5.&lawCode=FAM&article=2. This lays out the foundation for what must go into a premarital agreement. Does that help clarify things? I want to make sure I didn’t leave anything out.
Yes that helps a lot. We haven't drafted this yet. My boyfriend has found a template online but I am a bit nervous to use it since we have some specific things we want in place. When would you advise using a template? Are they any good online? Should we consider addressing alimony in the prenup? I hadn't thought of that.
Also, given you're in Cali, do you mind letting me know rough costs on drafting a prenup? As noted, we may want to put a few specific things in there since I'm likely to inherit from my parents and my boyfriend isn't. He also owns the home we live in but I pay him rent.
Hello! Thanks for coming back. Templates are great; however, without a trained eye, there is the risk that this agreement would be void, thus nullifying all of your hard work. We can always review prenuptial agreements for $*** and I can draft them for $***. As far as alimony, I always recommend having alimony included. In the event of a divorce, and because you may not know how your careers may go, this will allow you better peace of mind. With inheritances, these are generally considered separate property, but making this clear in the prenup will eliminate any concerns. If you are paying rent, that will be an issue until you're married because you are currently a tenant, and having a prenup that addresses this specific issue will give you better peace of mind, too. I want to make sure we've covered everything thoroughly. Is there anything else you'd like to discuss, or any details I can go over again for you?
Ok I think that makes sense. So $*** to draft the prenup for us? And my understanding is my fiance will need to hire another lawyer to review it? If so, can we hire you here? Sorry - just getting all of the details and then we speak to my fiance.
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