Should I get a Pre-Nup?

A Prenuptial agreement can protect assets you acquired before your marriage. If you are planning on getting married, you and your future spouse may want to at least consider signing a prenuptial agreement, which can protect your interests in the event of a divorce. Even if you do not think such a document is the right fit for you, discussing it will at least get you thinking about the effect your marriage will have on your finances.

Anthoor Law Group can help you decide if a prenuptial agreement is the right fit for you, and can draft and negotiate one on your behalf.

Principles of general contract law also apply to prenuptial agreements. Agreements require valid consent, meaning that a person must have the mental ability to consent, and that consent cannot be the result of fraud, inappropriate influence, or mistake

Amendments to the UPAA that apply to California prenuptial agreements made after 2002 state that agreements will be enforced against a spouse only if that spouse:

  • Received complete information about the other spouse‚Äôs property and finances prior to signing the agreement
  • Had at least 7 days between first receiving the agreement and signing it (to allow enough time to have an attorney review the agreement), and
  • Was represented by a separate attorney when signing the agreement, unless the spouse
  • Received full information in writing about the terms and basic effect of the agreement, including any rights and obligations the agreement would nullify, and
  • Signed a separate document acknowledging receipt of such information, identifying the person who provided the information, and expressly waiving the right to an attorney
  • Even if all of the above requirements are satisfied, unless the spouse was represented by an attorney, any provision in the agreement affecting rights to future spousal support (alimony) will not be enforceable.
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Anthoor Law Group

Anthoor Law Group, a boutique law firm, is conveniently located in Fremont, California. We are committed to providing each of our clients with the highest quality of legal representation possible.

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