Top 3 Tips For Getting A Prenup You Can't Afford To Miss

Prenuptial agreements are becoming less of a taboo topic, but they're still not something that many people like to discuss. If you're getting married, it's best to be prepared for anything. And that includes the dreaded D-word. A prenuptial agreement protects both parties' assets in the event of a divorce or dissolution. It can be used to protect assets and keep them separate thereby reducing future conflict and disagreement. An experienced attorney can explain how you go about getting one and can walk you through why you don't want to wait until the last minute to obtain one.

So what do you need to know before signing on the dotted line? Here are three tips for getting a prenup that you can’t afford to miss:

1. Don't wait last minute

Don't wait last minute to get a prenup in California. In the state of California, the terms of a premarital or prenuptial agreement are required to be substantially fair, and the agreement must be executed and entered into fairly and voluntarily. In California, a prenuptial agreement is considered not to have been executed voluntarily unless the parties had seven or more calendar days between first being presented with the FINAL agreement and the time that they signed it. The “7-day rule” attempts to ensure that the party presented with an agreement has adequate time and opportunity to consider the implications of the agreement and to seek legal counsel. In other words, do not wait until the week before your wedding to get a prenup.

2. Importance of Separate Legal Counsel

Not only does each party must have sufficient time to review the prenuptial agreement, but each party should also have the assistance of separate legal counsel for the purpose of reviewing the prenuptial agreement. Even if you and your future spouse are planning on getting a prenup and have agreed on all the terms of the prenup, it is essential to have separate legal counsel to review the prenup so that each party’s interests are represented. If one party does not have an attorney present during negotiations, there could be claims of coercion or undue influence later on if the agreement becomes contested or some provisions may not be enforceable. For instance, if the prenuptial agreement waives or modifies spousal support rights for one party, California law requires that the party whose rights were waived or modified must have had separate legal counsel before signing the prenuptial agreement. Otherwise, the provision limiting, waiving, or altering their right to spousal support will not be enforceable. In other words, any changes or waivers in their right to spousal support will be considered void.

3. Protect An Asset That You Don't Know Exists

A well-prepared prenuptial agreement can protect your future assets provided the agreement defines which assets will belong to each spouse. A California prenuptial agreement can protect an asset that you don't know exists until after marriage. For example, if one spouse inherits a house from his parent's estate and does not realize it until after the wedding, then he or she can still protect that asset through a prenuptial agreement by including language about its inclusion in the agreement. Protect your future assets by distinguishing community and separate property in your prenuptial agreement. Carefully defining future assets as separate property can prevent a divorced spouse from claiming an interest against your future assets.

A California prenup can outline:

• Income

• Debts

• Real estate

• Present assets

• Future asset

The first step is to talk with an attorney and make sure that he or she understands your situation and goals. We recommend having this conversation well before your wedding date so that you can have time to address any issues that come up along the way (and to ensure that everything is settled before you tie the knot).

The fact that you are willing to put this kind of work into your marriage means that you care about your future together.

Call us at 619-606-1637 for a free consultation on getting a prenup.

All content provided on this blog is for informational purposes only. We will not be liable for any errors or omissions in this information nor for the availability of this information. These terms and conditions of use are subject to change at any time and without notice. The information provided here and the content on our website related to legal matters (“Information”) is provided for your private use and does not constitute legal advice. You should consult a licensed attorney if you need legal advice for a specific problem. The information provided here is not a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction.