Calabasas Prenuptial Agreement Lawyers

So, you've decided to tie the knot - congratulations! Before you legalize your union, however, you may want to consider whether a prenuptial agreement could benefit your marriage. Drafting a prenup can help you maintain an equitable marriage and form an even stronger bond with your partner.

At Feinberg & Waller, APC, our Calabasas prenuptial agreement attorneys help clients draft comprehensive prenups that enable them to protect their assets and interests throughout their marriage.

Schedule a consultation with our Calabasas prenuptial agreement lawyer! Contact us online or via phone at (866) 463-3852. We also have offices in Beverly Hills & Westlake Village.

How Do Prenups Work in California?

California courts utilize The Uniform Premarital Agreement Act (UPAA) when evaluating prenups, meaning that a prenuptial agreement signed by both parties automatically goes into effect once they marry.

According to the UPAA, prenups are only enforceable if:

• Both parties completely disclose their property holdings and finances to each other prior to signing;
• Both parties had at least seven days to evaluate the prenup before signing;
• Each party was represented by a separate attorney when drafting and signing the prenup.

Additionally, prenuptial agreements can only contain terms for the following:

• Whether either party should receive spousal support in the event of a divorce;
• How to divide property during a divorce;
• How to separate community property (like earnings) during the marriage and divorce.

Prenups cannot include terms for how to handle child custody or support, unless they agree to provide a potential child with more support than the law requires.

The terms and conditions within a prenup must be reasonable. If a prenup contains "unconscionable" terms (such as perhaps barring spousal support in a marriage where the potential payor could easily afford it and the other party is in dire need of support), a court may not decide to uphold the prenup.

Couples that want to ensure they maintain an equitable division of property throughout their marriage (and in the event of a divorce) should strongly consider signing a prenup.

At Feinberg & Waller, APC, our Calabasas prenuptial agreement attorney will work with you and your soon-to-be-spouse's attorney to establish equitable terms for your marital agreement.

How Long do Prenups Last in CA?

A prenuptial agreement generally does not expire no matter what state you draft it in. This is for the protection of both parties involved. However, those interested in creating a timetable for expiration may due so through a provision called a "sunset clause". This is essentially a provision that ceases the effectiveness of a contract when a specified date is named. Couples who engage in this are often comfortable with their marriage and do not see the benefit of having a prenup from many years ago. If your specific predicament requires this service, call our office today for more information.

To schedule a consultation with our prenuptial agreement attorney, contact us online or via phone at (866) 463-3852.

Additional Resources

• BLOG: 3 Reasons to Have a Prenuptial Agreement
• Costs of Drafting a Prenuptial Agreement