Discussion of premarital agreements should not be taboo or off limits for California couples. These agreements are about protecting everyone. If this is not your first marriage or if you have significant assets before the marriage, a premarital agreement could be a smart choice. At The Law Offices of Ronald K. Stitch, we are ready to get to work on your case today. Let our Simi Valley premarital agreements attorney get to work so you can have peace of mind going into your marriage.
What is a Simi Valley premarital agreement?
Premarital agreements are commonly referred to as prenups. In California, these agreements are governed under the Uniform Premarital Agreement Act (UPAA). This law says that the written prenuptial agreements signed by both parties become effective as soon as the couple marries.
But what goes into a premarital agreement?
Premarital agreements cover a range of issues but usually revolve around a couple’s current and future property rights. In some cases, terms of spousal support are also covered in a premarital agreement. These can be valuable if one or both parties are coming to the marriage with significant assets. However, a premarital agreement cannot negatively affect child support, and they cannot govern the court’s power over issues related to child custody and visitation.
Premarital agreements require valid consent of both parties. That people agreeing to the prenup must have the mental ability to do so, and the agreement cannot be the result of a mistake, fraud, or inappropriate influence.
Under the UPAA, there are several amendments in place that have governed all premarital agreements since 2002. These agreements will only be enforced if the spouse:
- Received complete financial information about the other party prior to signing.
- Had seven days from receiving the agreement to review it (and have an attorney review it if necessary).
- Was represented by a separate attorney than the one who drafted the agreement (unless they received and signed an affidavit upon receipt detailing information about the terms and obligations of the agreement).
Can premarital agreements be modified?
Yes, premarital agreements can be modified. They can even be revoked. However, for this to happen, both parties must approve of and sign the new agreement.
We are ready to help formulate a plan
If you are planning on a wedding soon, you may have considered a premarital agreement. While we hope you never need to use it, these agreements can protect you in the future. At The Law Offices of Ronald K. Stitch, we want to ensure that your premarital agreement is crafted correctly and in a way that will hold up if a separation occurs. These agreements are legal documents enforceable by the courts, so you need to ensure they are completed correctly. We understand California marriage and divorce law, so let us get to work today. When you need a Simi Valley premarital agreements lawyer, you can contact us for a free consultation by clicking here or by calling 818-237-4574.