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Quick Facts — Premarital Agreement Lawyers

A premarital agreement, also known as a prenuptial agreement or prenup, is a legal contract between two individuals planning to marry. This agreement outlines how the couple's assets and debts will be distributed during a divorce or separation. A premarital agreement can also include provisions for spousal support, inheritance rights, and other financial matters.

Benefits of a Premarital Agreement

  • Protect Your Assets

    A premarital agreement can protect your pre-marital assets, such as inheritance, property, or investments, in case of a divorce. Without a premarital agreement, these assets could be subject to division during a divorce, which can be financially devastating.

  • Define Financial Expectations

    A premarital agreement can define financial expectations for both parties, including how debts and joint accounts will be managed. This can help avoid misunderstandings and conflicts down the line.

  • Avoid Lengthy Legal Battles

    A premarital agreement can help streamline the divorce process by resolving financial issues in advance. This can save you time and money on legal fees and help you avoid the stress and emotional strain of a lengthy legal battle.

  • Safeguard Your Estate Plan

    If you have an estate plan, a premarital agreement can help safeguard it by ensuring your assets are distributed according to your wishes during a divorce.

  • Shield Your Business Interests

    If you own a business or plan to start one, a premarital agreement can shield your business interests by ensuring that your spouse does not claim the business in the event of a divorce.

Inclusions of a Premarital Agreement

  • Financial Disclosures

    Both parties should fully disclose their assets, debts, and income. This is important to ensure that each party knows the other's financial situation before marriage.

  • Asset Division

    The premarital agreement should outline how the couple's assets and debts will be divided in the event of a divorce or separation. This includes any property owned jointly or separately and any other assets such as investments or retirement accounts.

  • Spousal Support

    The premarital agreement can also address spousal support or alimony in a divorce. This can include how much support will be paid and for how long.

  • Inheritance Rights

    The premarital agreement can address how inheritance rights will be handled during a divorce. This can be important if one party has inherited property or assets they want to keep separate.

  • Legal Fees

    The premarital agreement can also address how legal fees will be paid during a divorce or separation.

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How to Create a Premarital Agreement

Creating a premarital agreement can be a complex and sensitive process, but it can also provide both parties peace of mind and financial security. Here are some steps to consider when creating a premarital agreement:

  1. Discuss the Agreement with Your Partner. It is important to have an open and honest discussion about why you want a premarital agreement and what issues you want to address.
  2. Hire a Family Law Attorney. It is important to consult a family law attorney with experience in premarital agreements. They can help you draft a legally binding agreement that covers all relevant issues.
  3. Disclose All Assets and Debts. Both parties must fully disclose their assets and debts. This is important to ensure that the agreement is fair and that each party knows the other's financial situation.
  4. Decide What to Include in the Agreement. The agreement can address property division, spousal support, and inheritance rights. The specific terms of the agreement should be tailored to the needs and goals of each couple.
  5. Review and Sign the Agreement. Both parties should have the opportunity to review the agreement with their attorney. Once both parties agree to the terms, the agreement should be signed and notarized.

Key Terms for Premarital Agreements

  • Premarital Agreement: A legal document that outlines how a couple's assets, debts, and other financial matters will be handled during a divorce or separation.
  • Disclosure: The process of fully disclosing their assets, debts, and income to each other before signing the premarital agreement.
  • Property Division: The terms of the premarital agreement outline how the couple's property will be divided in the event of a divorce or separation. This can include real estate, personal property, and other assets.
  • Spousal Support: Also known as alimony, this refers to the financial support that one spouse may be required to pay the other in case of a divorce or separation. The premarital agreement can outline the terms and amount of spousal support, if any.
  • Notarization: The process of having a notary public witness the signing of the premarital agreement. This is an important step in ensuring the agreement is legally binding.

Final Thoughts on Premarital Agreements

In conclusion, a California premarital agreement is a legally binding document that outlines the division of assets and other important matters in the event of divorce or legal separation. This agreement can be created before marriage, and both parties must enter it voluntarily and fully disclose their finances.

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ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


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Attorney Steven Wax is ardent about helping his clients. Whether creating personalized estate plans, drafting and negotiating contracts or other legal matters. Steven’s goal is to assist and counsel his clients to protect them and their loved ones. Steven grew up on Long Island, New York. He attended the University of Massachusetts in Amherst earning a BS in Sport Management. He earned his paralegal certificate at Duke University and earned his Juris Doctorate from North Carolina Central University School of Law in Durham, NC. Steven has an extensive legal career in the life science sector, working for some of the world’s largest Contract Research Organizations since 2013. Steven has negotiated a broad range of contracts for both businesses and individuals. Steven participated in the NCCU Elder Law Project, where he prepared wills, durable powers of attorney, living wills, and health care powers of attorneys for low/fixed income clients in Durham and surrounding counties. Steven finds meaningful ways to share his skills and passion with his community. Steven volunteers his time to Wills for Heroes, which provides no-cost estate planning documents to first responders and their families, through the NC Bar Foundation.

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I am a 1984 graduate of the Benjamin N Cardozo School of Law (Yeshiva University) and have been licensed in New Jersey for over 35 years. I have extensive experience in negotiating real estate, business contracts, and loan agreements. Depending on your needs I can work remotely or face-to-face. I offer prompt and courteous service and can tailor a contract and process to meet your needs.

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Randy M.

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Hi, I'm Randy. I've been practicing law for over 30 years, with extensive experience drafting, reviewing, and revising contracts for individuals, entrepreneurs, and businesses. I spent nearly 15 years running my own law practice in Richmond, Virginia, where I represented small business owners, professionals, entrepreneurs, and clients in the entertainment industry. That experience taught me that a good contract must do more than address legal requirements. It should clearly define the parties' rights and obligations, anticipate practical problems, and protect my client's interests if the relationship does not go as planned. Contract drafting and review are major parts of my practice. Over the course of my career, I've drafted and reviewed hundreds of agreements. I also review contracts prepared by other attorneys, businesses, and individuals to identify legal issues, assess enforceability, and identify potential compliance issues under current applicable law. My experience includes: • Prenuptial and postnuptial agreements • Employment and independent contractor agreements • LLC operating agreements for single-member and multi-member LLCs • Consulting, coaching, freelancer, and professional services agreements • Residential and commercial leases • NDAs and confidentiality agreements • Entertainment industry agreements • Business formation and corporate documents • Other commercial and business contracts I also have substantial experience preparing estate planning documents, including wills, trusts, powers of attorney, and advance medical directives. I'm currently based in New York City and am licensed to practice law in Virginia. I work remotely with clients on contract projects across the country. My approach is practical and straightforward. I take the time to understand the transaction, the client's objectives, and the risks that need to be addressed. I then draft an agreement that is clear, thorough, and usable in the real world. Whether you need a new agreement drafted, an existing contract reviewed, or revisions to a document you are negotiating, I can help you identify the important issues and prepare a contract that reflects your objectives. I would be glad to discuss your project and how I can help.

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"I cannot recommend Randy highly enough. From start to finish, he provided one of the most professional and thorough legal experiences I've ever had. This was my first time navigating a prenuptial agreement, and I wasn't sure what to expect. Randy exceeded every expectation. He conducted an incredibly detailed review of the agreement, carefully explaining each recommendation in plain language while supporting his findings with applicable Georgia law. His attention to detail was remarkable, and he identified issues that I never would have recognized on my own. What impressed me most was his responsiveness, clear communication, and genuine commitment to ensuring I understood every aspect of the agreement before signing. Our overall marriage license timeline was seriously delayed because my Fiancé's attorney (also from Contracts Counsel) stopped responding halfway through but Randy even caught several drafting errors from my fiancé's attorney that could have easily been overlooked. That level of diligence speaks volumes about the quality of his work. If you're looking for an attorney who is knowledgeable, meticulous, responsive, and truly advocates for his clients, Randy is an outstanding choice. I am incredibly grateful for his guidance and would not hesitate to work with him again or recommend him to family, friends, and colleagues. Thank you, Randy, for your exceptional service and for making such an important life decision much easier to navigate."

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Attorney Skelly is a midwestern transplant from Iowa. She has been in Florida for the past 11 years. She went to undergrad at Buena Vista University, which is a small liberal arts college in Storm Lake, Iowa. After graduating with her Bachelor's degree in criminal justice, she went on to obtain her Master's degree in criminal justice from Kaplan university, which is now Purdue Global. While attending school full time for her Master’s degree, Attorney Skelly worked full time in social services helping children and their families who were involved in the dependency system. Attorney Skelly has a professional background in child welfare and social services having worked for 18 years in the field. Attorney Skelly always had a lifelong dream of becoming a lawyer and decided to fulfill her goal in May of 2019 by starting law school at Western Michigan University Thomas M. Cooley Law School at their Riverview campus. She did their accelerated program and completed law school in just over two years and graduated magna cum laude with honors. Attorney Skelly also received certificate of merit awards, which means attaining the highest grade in the class in secured transactions, research and writing, and family violence practice. While in law school Attorney Skelly was a teaching assistant to two tenured professors as well as a note taker for those students who had accommodations. She was also awarded the Alumni Association’s Distinguished Student Award. In her legal career, Attorney Skelly started out at the State Attorney’s Office in Fort Myers, FL. She helped prosecute several cases and personally worked as second chair on 9 jury trials and one bench trial. Once Attorney Skelly passed the bar, she worked for a family law firm under a board certified marital and family law practitioner where she gained tremendous knowledge in the area of family law which includes divorce, paternity, child custody/parenting plans, alimony and child support as well as domestic relations issues such as domestic violence injunctions. Attorney Skelly is also certified as a Guardian ad Litem and can serve as a Guardian ad Litem in family court cases. Attorney Skelly is a proud member of the Florida Bar, the Lee County Bar Association, and the American Bar Association.

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Lawyer Reviews for Premarital Agreement Projects

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Recent Project:
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Location: California
Turnaround: Over a week
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Doc Type: Prenuptial Agreement
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