Recent Prenuptial Agreement Expert Legal Chats
Do prenuptial agreements hold up in court?
Family
Prenuptial Agreement
Customer:
Do prenuptial agreements hold up in court? My wife and I are in a bad situation and things are getting ugly. If we end up in court, how will this work?
Dolan W.
Hi *****, my name is Dolan, and I’d be happy to help with this. I carefully review each question and provide responses based on my years of hands-on experience as a lawyer. In short, yes, prenuptial agreements can hold up in court but only if they meet certain legal requirements. Courts take prenups seriously, but they will examine the agreement to ensure it’s fair, properly executed, and doesn’t violate any laws. To help me tailor this to your situation: - Was the agreement drafted and signed with lawyers involved, or did you and your wife create it on your own? - Do you recall whether both of you fully disclosed your finances (assets, debts, income) before signing it?
View Full Conversation >Should I get a prenuptial agreement?
Family
Prenuptial Agreement
Customer:
Should I get a prenuptial agreement? I have some inheritance money and my boyfriend has his own business. We want to start a family together but are worried about financial stuff.
Dolan W.
Hi *****, my name is Dolan, and I’d be happy to help with this. I carefully review each question and provide responses based on my years of hands-on experience as a lawyer. A prenuptial agreement can be a smart choice in your situation, particularly because you mentioned two key things: an inheritance on your side and a business on your boyfriend’s side. A prenup can help ensure both are protected while still allowing you to build a financial future together. To help guide you better: - How do you feel about protecting your inheritance? Are you looking to keep it completely separate, or are you open to sharing portions of it in specific ways? - Has your boyfriend expressed any concerns about protecting his business?
View Full Conversation >I am getting married next year in CA and we are considering a prenup.
Family
Prenuptial Agreement
California
Customer:
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!
Dolan W.
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.
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