Do Both Parties Need A Lawyer For A Prenup In California?
While it’s not a requirement under California law, working with your own attorney is highly encouraged. A prenuptial agreement, or “prenup,” is a contract that a couple enters into before marriage, which outlines how they will manage assets and financial responsibilities if they divorce or separate.
At its core, a prenup is a financial planning document. It can make sure that any asset – or debt – you bring into the marriage remains solely yours. If either spouse has children from a previous marriage, a prenup can protect their inheritance rights as well.
While a prenup offers clarity and security, it can also run the risk of being unenforceable without the right legal counsel. At the Law Office of Tammara S. Bloom, my practice focuses on addressing family law issues through cooperation and compromise. With over 30 years of experience, I help residents of Campbell and other communities in the Silicon Valley area resolve complex family law matters with confidence and peace of mind.
Understanding What Makes A Prenup Valid And Enforceable
California courts only consider a prenuptial agreement valid and enforceable if:
- It is in writing and signed voluntarily by both parties. Ideally, it should also be notarized to confirm its authenticity.
- Each party fully discloses their financial information before signing the agreement.
- The terms of the prenup should be fair at the time of signing.
- There should be sufficient time for consideration. There should be at least seven days between the presentation of the prenup and its signing. This allows for thoughtful review and consultation with legal counsel.
Not working with an attorney does not make a prenup invalid. However, if one party does not have legal counsel, they must have had the opportunity to seek it and must sign a written waiver acknowledging this.
The Benefits Of Having Your Own Legal Representation
Having your own legal representation when creating a prenuptial agreement is crucial for several reasons:
- You receive legal advice that’s tailored to you: An attorney will ensure that you fully understand the agreement and make informed decisions.
- Having your own lawyer prevents any conflicts of interest: They will make sure you enter the agreement voluntarily. Moreover, your attorney can advocate for your interests during negotiations.
- Your lawyer will make sure the prenup complies with California law: They will ensure that the terms are clear and equitable. This increases its chances of holding up in court if challenged.
Overall, having your own legal representation protects your rights and promotes clarity throughout the process. I can help you review and negotiate an agreement that you and your partner can honor well into the future.
The Risks Of Creating Your Prenup Without Professional Legal Guidance
There are several grounds on which a person can contest a prenup. This includes a party:
- Signing the agreement under duress or coercion
- Hiding assets or misrepresenting their financial status
- Including extremely one-sided or unfair terms at the time of signing
Without independent legal guidance, the prenuptial agreement might lack clarity and fairness. It might inadvertently include terms that are one-sided or ambiguous. One party might not fully disclose their financial situation, or there might be pressure to agree to terms that favor one side significantly. In these cases, the court may decide the prenup to be invalid and unenforceable.
Create An Agreement That Addresses Your Needs: Call Today
Prenuptial agreements can be intimidating and stressful, but they don’t have to be. Instead, they can be a way for you to take control of your financial future. Learn more by scheduling a consultation with me. Call 408-377-2817 or send a message here.