A Prenuptial Agreement Is Only Valid If It's Done Right
Most people understand that it's a good idea to have a prenup in place if they are bringing substantial personal assets into a marriage. While nobody expects his or her marriage to fail, the fact is that we never know what will happen in the future.
Like any contract, a prenuptial agreement isn't necessary valid just because it has signatures on the bottom line. There are some important criteria the courts look at when determining whether a prenup should be upheld or thrown out of court.
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I am Los Angeles, California, divorce and family law attorney Cary W. Goldstein. I have earned national recognition for representing many of the region's successful entertainers, professional athletes and wealthy individuals in palimony and divorce cases for more than twenty years. I know the issues that are necessary to make a prenuptial agreement stick, and I know what can negate them.
Contact me to schedule a consultation about drafting a prenuptial agreement.
In general, a valid prenuptial agreement must include these factors:
- The agreement must be drafted and signed well in advance of the wedding, typically six months or more.
Each party to the agreement must be represented by separate legal counsel.
The agreement cannot affect the distribution of community assets obtained during the marriage. The agreement cannot be unfairly tilted to the benefit of one of the parties.
The validity of the agreement will generally be affected by the duration of the marriage.
In addition to prenuptial agreements, I also represent individuals in all matters relating to divorce, domestic partnerships, palimony and co-habitation agreements.
Don't take anything for granted when dealing with prenuptial agreements. If you are considering filing for divorce and you have a signed prenuptial agreement, talk to me first.
Contact me today and I will give you a complete assessment of your legal options.
