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The Enforceability and Integrity of a Prenuptial Agreement

On Behalf of | Mar 19, 2020 | Prenuptial Agreement

The enforceability and integrity of a prenuptial agreement is an important part of California family law.  A prenuptial agreement is legal and enforceable in the State of California when they are correctly undertaken.

Prenuptial agreements are not just for the rich and famous. They are often important prior to second marriages or any subsequent union, especially when blended families will result. The prenuptial agreement clearly establishes the existing separate property and lifestyle of the participants. It also establishes the nature of the relationship between the parties, and the terms of how money and assets are to be handled throughout the marriage, and if necessary after it is concluded.

Prenuptial agreements are not a plan to divorce in advance. They are not negative agreements which should be feared or avoided.  They are carefully constructed contracts which actually support the parties as they enter into a new relationship while providing protection and security for both.

This is not about protecting one party at the expense of the other. Prenuptial agreements capture the true nature of how things really are. They recognize the differing assets and situations of each party and how these are to be managed throughout the relationship. They provide clear and fair guidelines for community property, separate property, unequal earnings and how parties are to be compensated at each stage of the relationship.

It is important to note California law requires there to be “seven calendar days between the time that party who was first presented with the agreement and advised to seek independent legal counsel and the time the agreement was signed.”  This protects all parties from coercion.

The experienced Certified Family Law Specialists at Burke & Domercq can guide the parties through the process to ensure important protections and proper representation has been provided to ensure all parties fully understand the agreement and it’s purpose.

The enforceability and integrity of a prenuptial agreement will depend a lot upon the quality of legal advice you receive as well as the structuring of the document itself.  A prenuptial agreement must be carefully prepared and entered into with full disclosure and appropriate representation in order to be enforceable after the fact.

If you are the party who requires a level of protection, or if you believe this may put you at an economic disadvantage you will need experienced and expert representation from the Certified Family Law Specialists at Burke & Domercq.

We invite you to contact us or call 760-389-3927 to schedule an appointment with one of our experienced family law attorneys.