California Prenuptial Agreement Frequently Asked Questions
Below are a list of California prenuptial agreement frequently asked questions we routinely receive. San Diego Esquire provides affordable premarital agreement services to California residents. Prenuptial agreement review services start at $395. Contact San Diego Esquire for more information about our California prenuptial agreement drafting and review services. Sign up today through our website to get started. Read on to learn more about California prenuptial agreement requirements.
1. What is a California prenuptial agreement?
A prenuptial agreement is a written contract entered by two people who intend to wed. A prenuptial agreement, often referred to as a prenup or premarital agreement, is used to specify how debts and assets will be divided between the parties in the event of separation or divorce.
2. Do I need a prenuptial agreement?
You may want to consider obtaining a prenup if one of the following apply:
- You own a business.
- You own valuable property such as real estate, stocks, or savings.
- You have a license or degree in a lucrative profession.
- Your net worth is greater than your fiancé.
- You anticipate a large increase in income.
- You expect to receive a large inheritance.
3. Is my prenuptial agreement valid?
A California prenuptial agreement is valid if it meets the following criteria:
- The agreement must be in writing, signed, and witnessed.
- Both parties provided a complete disclosure of their assets and liabilities.
- Each party retained their own lawyer to receive independent legal counsel.
- No party was under duress, coerced, or undue influence when signing the agreement.
- All provisions within the agreement must be legally permissible.
- Each party had a reasonable amount of time to review the agreement (ex- 30 days before the marriage).
Courts usually uphold prenuptial agreements unless a party can demonstrate that the agreement promoted divorce, was written and signed with the intention of divorcing, a party was forced to sign the agreement, or the agreement was created unfairly.
4. Can I write my own premarital agreement?
Yes. You can write your own premarital agreement; however, we strongly encourage you to work with an attorney in preparing the document.
5. Are child support terms in a prenuptial agreement enforceable?
No. Child support payments cannot be determined in a prenuptial agreement. The court will follow California Child Support Guidelines when determining support.
6. What cannot be included in a prenup?
The division of assets and debts can be included in a prenup. Assets and debts can also be categorized as separate property. This prevents one spouse to not be liable for the debts of another upon the dissolution of marriage. Spouses can waive the right to spousal support in a prenup; however, a court may still grant spousal support if a divorcing spouse would be in dire straights upon divorce.
7. What does independent legal advice mean?
Though it is not required, it is best for parties to obtain independent legal advice before signing a premarital agreement. Doing so can act as an additional safeguard in the event divorce or separation arises. Courts often uphold terms in a California prenuptial agreement if both parties reviewed the agreement with their own lawyer before signing the document.
8. Can I get a post-nuptial agreement?
Yes. Some spouses decide to enter into a post-nuptial agreement after they wed.
9. How long does it take for San Diego Esquire to prepare a prenup?
It takes 2 to 3 business days for San Diego Esquire to review or prepare a prenup. You can submit an order through our website and upload any relevant documents for our review. We will call you to obtain any additional information we need to review or draft your prenup. We will review each clause with you to make sure you understand everything within the agreement before you sign.
10. Do you provide rush prenuptial agreement services?
Yes. Both parties should have a reasonable amount of time to review the agreement before signing. Courts may deem a last minute prenup as invalid. As such, we want to make sure our customers have plenty of time to review and revise their prenup. Our rush prenup services start at $795. Sign up below to get started.
11. Should an attorney review my premarital agreement?
Yes. Obtaining independent legal advice before signing a prenup can help ensure its enforceable.
12. Can I speak with a prenuptial agreement California lawyer?
Call (858) 413-7980 to speak with our attorney about your agreement.