Also known as a “prenup,” a prenuptial agreement is a legally binding premarital contract that protects your assets in the event that your marriage ends in divorce.
Prenups are not just for celebrities or those with a high net worth. On the contrary, most couples can benefit from them. For instance, you won’t have to worry about what will happen to your assets, your child’s inheritance, your own inheritance, or a family business. Should the worst come to pass, a prenup can help you avoid a messy divorce.
Our experienced family lawyers at Feinberg & Waller, APC draft enforceable prenups in California. We are known for our attention to detail, straightforward counsel, and collaborative team approach. And with more than 150 years of combined legal experience, you can rest assured that you’ll be getting a valid prenup that protects your best interests. We also have offices in Calabasas and Westlake Village.
Considering a prenup in Los Angeles County? Call (310) 945-2727 to speak with our Beverly Hills prenuptial agreements lawyers about your options today.
Should You Get a Prenup in Los Angeles?
Everyone should at least consider signing a prenup. If you don’t have one, then state law will be the default if you want a divorce. This can easily lead to an unfavorable division of assets for you — and even a contested divorce that could have been avoided.
Do Prenups Ruin Relationships?
Getting a prenup does not ruin the relationship. If your soon-to-be spouse won’t get one, that’s a good indication that they don’t understand how a prenup can benefit them.
To some people, being asked to sign a prenup can feel like an insult. And while it may be somewhat normal to be offended by a prenup, these premarital contracts can truly benefit both parties.
Just some of the benefits of a prenup include:
- Control over your future finances
- Chance to talk over financial issues
- Protection from your future spouse’s debt
- Peace of mind knowing your relationship is based on love
A good prenup will even take into account the sacrifices one spouse may make after tying the knot. For example, if one spouse takes on the role of stay-at-home parent while the other focuses on a demanding career, the efforts of both parties will need to be reflected in the prenup.
Keep in mind: A judge will not enforce an invalid prenup, such as one that leaves one spouse with nothing or one that clearly favors one spouse over the other.
What Does a Prenup Protect in California?
A prenuptial agreement covers each spouse’s:
- Premarital assets and property, such as from a previous marriage
- Future assets and property
- Rights to certain marital property
- Family businesses and professional practices
- Inheritance, both yours and your child(ren)’s
What Makes a CA Prenup Invalid?
A court will not and cannot enforce an invalid prenup, which is why it is so important to make sure your prenup hits all the right points. It is recommended that you work with an attorney when drafting and finalizing a premarital or marital contract. This is the single best way to avoid getting a prenup that simply cannot be enforced.
According to state law, a prenup will not be legally binding if:
- Both parties had the same attorney;
- One or both parties failed to disclose assets, debt, or other financials;
- One party was threatened, intimidated, or coerced into signing the prenup; or
- Either party did not have enough time (at least 7 days) to look over the prenup before signing it.
Does Cheating Invalidate a Prenuptial Agreement?
No, infidelity will not make a prenup null and void in most cases.
While you are free to insert an infidelity clause (or cheating clause) in a prenup, there is no guarantee that the court will enforce that clause. Such a clause would need to be specific and easily interpreted and understood. There is also the issue of trying to prove infidelity, which brings its own issues and evidentiary concerns.
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