12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
 
FINANCIAL & MARITAL

Cohabitation Agreement coming soon!
Separation Agreement coming soon!
No-Fault Divorce coming soon!
Bankruptcy coming soon!
 
 

Do I Need a Lawyer for a Prenuptial Agreement in Zip Code 94103

Do I Need a Lawyer for a Prenuptial Agreement in Zip Code 94103


It is not a lack of love, but a lack of friendship that makes unhappy marriages.
 
- Friedrich Nietzsche


A prenuptial agreement can be a great tool for couple to establish the financial rights of each spouse in unfortunate event of a divorce including protecting a family business, securing personal assets, and taking care of children.

In some states each party is required to have an attorney and in some states you don't need a lawyer to create a prenuptial agreement. A prenup must be in writing to be legally valid in every state. It is in your best interest to use an attorney drafted Prenuptial Agreement. Check out a free preview of an attorney drafted Prenuptial Agreement at 12Law.com.

Both parties must voluntarily execute the agreement, engage in full disclosure of their assets and liabilities and must sign the document in the presence of a notary public. Rules for prenups vary from state to state, and each contract will be evaluated on its individual merits. Some states require legal representation for both parties.

There are several conditions that can make a prenuptial agreement unenforceable: 1) the agreement is fraudulent because one party undervalued assets or failed to disclose them at all; 2) the agreement was coerced, signed under duress or signed without mental capacity; 3) one party didn't read the document before signing; 4) one spouse was given no time for consideration; 5) the paperwork wasn't properly signed and executed; 6) one party signed without proper legal representation (some states require it); and 7) The agreement is egregiously lopsided or contains invalid provisions such as no child support, frequency of sexual relations, visits by in-laws, etc.

The first step in the process is for the couple to agree on the essential terms of the prenup. Even in draft format, these terms should be in writing so that there is no miscommunication or misunderstanding. If prenup is drafted by a lawyer who is working for one party, it may be one-sided and adversarial and may hurt to process of getting to an agreement.

While prenups are often used to protect the assets of a wealthy fiancée, a couple with children from prior marriages may use a prenup to spell out what will happen to their property when they die, so that they can pass on separate property to their children. Without a prenup, a surviving spouse might have the right to claim a large portion of the other spouse's property, leaving much less for the kids.

Couples with or without children, wealthy or not, may simply want to clarify their financial rights and responsibilities during marriage. Or they may want to specify in advance how their property will be divided and whether or not either spouse will receive alimony (some states won't allow a spouse to give up the right to alimony). Prenups can also be used to protect spouses from each other's debts.

If you don't make a prenuptial agreement, your state's laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. Property acquired during the marriage is known as either marital or community property. State law may even have a say in what happens to some of the property you owned before you were married.

In summary, for a prenup to be effective, the prenup must be: 1) written (oral prenups are not valid); 2) executed voluntarily and without coercion; 3) executed only after full disclosure of assets and/or liabilities; 4) conscionable; 5) executed by both parties, preferably in front of witnesses (or a notary) and 6) written in a recordable format.

Only you can decide if hiring a lawyer is right for you. Check out 12Law.com for listings of lawyers in your neighborhood.
 
Personalize & Print a Free CA Premarital Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Related Legal Services near Zip Code 94103
Bankruptcy Law Center of Thomas R. Burns
703 Market St Ste 1109
San Francisco, CA 94103
(415) 543-9900
Business Bankruptcy Law Attorneys,  Attorneys,  Corporation & Partnership Law Attorneys,  Legal Serv
Thomas Burns R
703 Market St Ste 1109
San Francisco, CA 94103
(415) 543-9900
Attorneys
Mc Mahon Patrick
703 Market St # 1109
San Francisco, CA 94103
(415) 543-9338
Bankruptcy Law Attorneys, Attorneys, Legal Service Plans
Uthman David K
855 Bryant St Suite 200
San Francisco, CA 94103
(415) 556-9200
Attorneys, Legal Service Plans
Weaver & Associates
350 Rhode Island St Suite 22
San Francisco, CA 94103
(415) 534-9200
Accident & Property Damage Attorneys,  Automobile Accident Attorneys,  Employment Discrimination Att
Wiley & Jobson
703 Market St #401
San Francisco, CA 94103
(415) 627-9161
Immigration Law Attorneys, Attorneys, Administrative & Governmental Law Attorneys, General Practice
Miles Family Law and Mediation
149 9th St Suite 201
San Francisco, CA 94103
(415) 298-9033
Child Custody Attorneys, Divorce Attorneys, Family Law Attorneys
Hogan Thomas P
123 10th St
San Francisco, CA 94103
(415) 727-9001
Family Law Attorneys,  Tax Attorneys,  Divorce Attorneys,  DUI & DWI Attorneys,  Personal Injury Law
Hogan Thomas
123 10th St
San Francisco, CA 94103
(415) 727-9001
Family Law Attorneys, Tax Attorneys, Divorce Attorneys, DUI & DWI Attorneys, Personal Injury Law Att
Preneta Garry
15 Boardman Pl
San Francisco, CA 94103
(415) 255-8841
Attorneys
Laurie Adamson
2012 16th street
San Francisco, CA 94103
(415) 261-8733
Mon-Fri 9am-5pm, Sat Closed, Sun Closed, Appointments Available
Specialized Legal Svc
1112 Bryant St
San Francisco, CA 94103
(415) 621-8090
Attorneys Support & Service Bureaus, Legal Service Plans, Attorneys, Process Servers
Aladdin Bail Bonds
835 Bryant St
San Francisco, CA 94103
(877) 765-7888
Bail Bonds, Criminal Law Attorneys, DUI & DWI Attorneys, Bail Bond Referral Service
Mccoy Waukeen Q
703 Market St # 1300
San Francisco, CA 94103
(415) 675-7705
Administrative & Governmental Law Attorneys, Attorneys, Labor & Employment Law Attorneys
Bravo & Margulies
901 Market St Ste 450
San Francisco, CA 94103
(415) 512-6700
Landlord & Tenant Attorneys,  Accident & Property Damage Attorneys,  Personal Injury Law Attorneys,
Attorney's Diversified SVC
44 Gough St
San Francisco, CA 94103
(415) 437-6177
Attorneys Support & Service Bureaus, Attorneys, General Practice Attorneys
Gonzales Andrew G
410 Jessie St
San Francisco, CA 94103
(415) 869-6157
General Practice Attorneys, Attorneys
Charles Bourdon
179 11th St
San Francisco, CA 94103
(415) 864-5100
Attorneys
M. Kamran Meyer
179 11th Street, 2nd Floor
San Francisco, CA 94103
(415) 864-5100
Criminal Law Attorneys,  Accident & Property Damage Attorneys,  Personal Injury Law Attorneys,  Gene
Wolkin Betsy
255 Kansas St Ste 340
San Francisco, CA 94103
(415) 682-4968
General Practice Attorneys, Attorneys, Legal Service Plans
Tim A Pori
877 Bryant St
San Francisco, CA 94103
(415) 495-4800
Attorneys Support & Service Bureaus,  Attorneys,  Paralegals,  Legal Service Plans,  Criminal Law At
Glenn, Jeffry - Berman Glenn & Haight
5 3rd St # 1100
San Francisco, CA 94103
(415) 495-3950
Personal Injury Law Attorneys, Insurance Attorneys, Attorneys
The Venardi Law Firm
785 Market St Ste 1120
San Francisco, CA 94103
(925) 937-3900
Admiralty & Maritime Law Attorneys, Attorneys
Garrick Lew
600 Townsend St
San Francisco, CA 94103
(415) 575-3588
Litigation & Tort Attorneys, Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US