Archive for Prenuptial Agreement

The California Prenuptial Agreement — Dotting the “i’s” and crossing the “t’s”.

multi-racial couple signing prenuptial agreement

Get your prenuptial agreement right!

California Prenuptial Agreement Rules Are Strict

I have seen A LOT of malpractice by otherwise supposedly competent lawyers in the area of prenuptial agreements. The California law for prenuptial agreements is fairly strict for what will pass muster and what will be thrown out. If you don’t get it right, your prenup won’t be worth the paper it is written on.

Here’s my “prenup formalities” checklist:

1.    The agreement must be in writing. California Family Code § 1611.

2.    The agreement must be executed voluntarily. California Family Code § 1615(a)(1).

3.    The parties must fully disclose information about debt and assets. California Family Code § 1615 (a)(2)(A).

4.    There must be a waiver of further disclosure expressly waiving, in writing, any right to disclosure of the property or debts of each spouse beyond the disclosure provided. The parties should execute this prior in time to the signing of the prenup. California Family Code § 1615(a)(2)(B).

5.    Both parties should have counsel.   Furthermore, each attorney should sign off on the prenuptial agreement. California Family Code § 1615 (c)(1). (Technically, California Family Code section 1615(c)(3) provides that a prenuptial agreement could be enforceable with only one attorney. However, it is harder and I don’t recommend it. I won’t do a prenup without lawyers on both sides.  That’s because the requirements to show that the other party was fully informed of rights and obligations is too onerous. Because it sets the single attorney up for a lawsuit, I simply won’t do it.)

6.    Both parties must have had no less than seven calendar days to review the prenuptial agreement between the time it is presented in final form and it is signed. California Family Code § 1615 (c)(2).

Download the free Weber Dispute Resolution Prenup Checklist HERE!


Although the code does not specifically require it, I always notarize my prenuptial agreements. Another tactic is to follow the agreement up with a postnuptial agreement for reinforcement.

Do a postnuptial too

Different rules apply to postnuptial agreements. So, if a court throws out the prenuptial agreement under the premarital agreement act, the same document as a postnuptial agreement may save the day

Gotta have counsel

When you are contemplating your own prenuptial agreement, make sure you do it with an attorney. Don’t rely on an online service or a paralegal service to prepare your documents. Too much can go wrong and it is very easy for a court to throw out an agreement if it doesn’t meet the requirements of the code. Also, as mentioned above, don’t let your attorney fly solo on this. So, make sure the other party has counsel.

Get it right!

Again, I have seen a lot of attorneys go down in flames because an agreement ran afoul of the code. I have seen even more agreements go down in flames because the parties tried to do it without counsel. Word to the wise: Get it right.

Prenuptial Agreements Are on the Rise, And More Women Are Requesting Them

Great post with tips for couples planning cohabitation

Great post with tips for couples planning cohabitation

couple moving in for cohabitation

Our friends at ClosetBox just posted a great piece with 8 expert tips for couples thinking of living together.  The author, Brittany Anas, was kind enough to include my expert tip, which was to be sure and have a cohabitation agreement.  At least in California, the family code does nothing for non-married partners.  When there is a break-up, couples are treated like business partners in a civil dispute.  A cohabitation agreement goes a long way to help define expectations before moving in together.  That way,  if things don’t work out, there’s a plan.  It’s easy to prepare and can save a lot of heartache down the road.

Other tips for the ideal cohabitation included having a discussion prior to moving in, taking inventory of the stuff, choosing a theme for decor, creating personal space and splurging on the king-size mattress.  Thanks to ClosetBox and Brittany for a great post.

Read the article here.

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Read Also:

FAQ: What is the purpose of a prenuptial agreement?

Prenuptial Agreements Are on the Rise, And More Women Are Requesting Them

The Prenuptial Agreement in California—Dotting the “i’s” and crossing the “t’s”.


Prenuptial Agreements Are on the Rise, And More Women Are Requesting Them

In my law practice, I am a fan of prenuptial agreements. It is interesting to see them on the rise among women. That must indicate that women are becoming more and more financially well off prior to marriage, necessitating a document to protect their assets.

I also believe that prenuptial agreements are important because they help couples have that financial discussion before marrying. So many of the divorcing couples I work with have simple never had the conversation.

Additionally, one needs to consider that all couples have a prenup. It is either one you write yourself or the default prenup written by your state legislature. I prefer to write my own thank you very much.

Read the Article at HuffingtonPost

For more information about how Weber Dispute Resolution can help you with your prenuptial agreement, click here.

Real also:

The California Prenuptial Agreement — Dotting the “i’s” and crossing the “t’s”.

This is Not Your Parents’ Prenup: Debunking Prenup Myths

Are You a Victim of Financial Infidelity?

The author in this article presents a very interestin­g take on fidelity in marriage. The idea of “financial fidelity” is a good one. So many of my divorce clients arive at the decision to end their marriages over money issues. As a divorce profession­al, I appreciate the advice to have a moderate response with financial “cheating” is discovered­. Many of my clients opt for a postnuptia­l agreement when such happens as a way to prevent the marriage from disintegra­ting. Having a written agreement with clear understand­ings of the financial boundaries and what is expected from a spouse can have a huge impact on the success or failure of the marriage going forward. I also support having the prenup discussion prior to marriage so that a marrying couple can have the money conversati­on. This prevents misunderst­andings and incorrect expectatio­ns from developing down the road.
Read the Article at HuffingtonPost

No Royal Prenuptial Agreement For Prince William And Kate Middleton

Kate and William have no prenup! I don’t know how things work in Britain, but according to California law, any assets currently owned by William or later to be inherited would be his separate property and not subject to division in the event of a divorce anyway. Perhaps William simply doesn’t need it. Of course, alimony is a whole other story.
Read the Article at HuffingtonPost

This is Not Your Parents’ Prenup: Debunking Prenup Myths

This article on Huffington Post has some excellent points about the modern prenup. I believe that the prenup conversati­on forces couples to discuss their money and expectatio­ns PRIOR to getting married. To me, that makes for a better marriage. If you can’t have the conversati­on, then perhaps you should think about whether you can have the marriage.
Read the Article at HuffingtonPost