Pursuing Effective Agreements Between Future Spouses
In order to be considered valid agreement, a prenuptial (or postnuptial) agreement needs to be appropriately drafted with careful attention to the interests of both parties. The timing of the agreement and the observance of legal formalities are also key issues.
At the Diamond Law Firm in Los Angeles, we are highly experienced at helping clients draft, review and negotiate prenuptial agreements, also known as premarital agreements. Contact us to schedule a free consultation with one of our knowledgeable family law attorneys.
Carefully Drafting a Mutually Beneficial Agreement
The parties to prenuptial agreements naturally have close personal relationships, whereas the parties to a business contract may only have financial relationships with each other. Because of this, the courts scrutinize prenuptial agreements more closely.
If you try to draft a prenuptial agreement on your own, without an attorney, you may significantly harm the chances that it will be upheld in the case of an eventual divorce.
A prenuptial agreement needs to be worded so that a judge can look at it and see that both sides understood what they were doing and had an interest in doing it. Otherwise, it may be vulnerable to a challenge by one of the parties.
It is particularly important to understand that a prenuptial agreement cannot control child custody or child support. Attempting to balance custody and support with property division and alimony issues could invalidate the whole agreement.
Putting an Appropriate Process Into Place
There are also some procedural guidelines you should follow when adopting a prenuptial agreement. Generally, a prenuptial agreement is more likely to be enforced if both parties had enough time before the wedding to read over the agreement and think about it.
Following other procedural formalities may also increase the chances that a prenuptial agreement will be accepted. The lawyers at our firm are completely familiar with the process for drafting a valid California prenuptial agreement. To discuss your goals, contact us today.
