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 94108

Do I Need a Lawyer for a Prenuptial Agreement in Zip Code 94108


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 94108
Gladstone & Assoc
177 Post St # 910
San Francisco, CA 94108
(415) 434-9500
Attorneys,  General Practice Attorneys,  Real Estate Attorneys,  Administrative & Governmental Law A
Lawyers
601 California St
San Francisco, CA 94108
(415) 981-9184
General Practice Attorneys, Attorneys
Black Patricia
140 Geary St
San Francisco, CA 94108
(415) 955-9150
Attorneys, Legal Service Plans
Hill Richard P
140 Geary St
San Francisco, CA 94108
(415) 956-9034
Attorneys, Legal Service Plans
Alexander Raymond Jr
214 Grant Ave
San Francisco, CA 94108
(415) 989-9011
Insurance Attorneys, Attorneys
Raifsnider Michael J
109 Geary St # 4
San Francisco, CA 94108
(415) 398-9001
Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Real Estate Attorney
Duarte Lisa
360 Post St Fl 8
San Francisco, CA 94108
(415) 788-9000
Civil Litigation & Trial Law Attorneys, Attorneys
Phillips Florence Sinay
360 Post St Fl 8
San Francisco, CA 94108
(415) 788-9000
Civil Litigation & Trial Law Attorneys, Attorneys
Adams Nye Becht LLP
222 Kearny St
San Francisco, CA 94108
(415) 982-8955
Attorneys,  Labor & Employment Law Attorneys,  Civil Litigation & Trial Law Attorneys,  Business Law
Bledsoe Cathcart Diestel
601 California St
San Francisco, CA 94108
(415) 392-8334
Insurance Attorneys, Litigation & Tort Attorneys, Attorneys, Legal Service Plans, Criminal Law Attor
Aaron, Robert S - Aaron & Wilson
150 Post St # 400
San Francisco, CA 94108
(415) 438-7800
Labor & Employment Law Attorneys, Attorneys, Legal Service Plans
Walkup, Melodia & Kelly - Personal Injury Attorneys
650 California St
San Francisco, CA 94108
(415) 326-7581
Personal Injury Law Attorneys,  Wrongful Death Attorneys,  Attorneys,  Automobile Accident Attorneys
Walkup Melodia & Kelly Personal Injury Attorneys San Francisco
650 California St
San Francisco, CA 94108
(415) 981-7210
Personal Injury Law Attorneys, Attorneys
Walkup Melodia Kelly & Schoenberger
650 California St
San Francisco, CA 94108
(415) 981-7210
Personal Injury Law Attorneys, Attorneys
Anderson & Poole
601 California St # 1300
San Francisco, CA 94108
(415) 956-6413
General Practice Attorneys, Attorneys, Legal Service Plans
Robert E White Law Offices
177 Post St # 890
San Francisco, CA 94108
(415) 788-6151
General Practice Attorneys, Attorneys
On Call Counsel
140 Geary St
San Francisco, CA 94108
(415) 392-5896
Attorneys Referral & Information Service, Attorneys
Sullivan Dennis M Law Offices
601 California St # 16
San Francisco, CA 94108
(415) 982-5454
General Practice Attorneys, Attorneys, Legal Service Plans
Robbins Family Law
601 California St # 2100
San Francisco, CA 94108
(415) 788-5400
Family Law Attorneys, Attorneys, Legal Service Plans
Barbieri Stephen R
214 Grant Ave
San Francisco, CA 94108
(415) 398-4900
General Practice Attorneys, Attorneys
Newman Paul
244 Kearny St # 9
San Francisco, CA 94108
(415) 986-4667
General Practice Attorneys, Attorneys
McCormack And Erlich
150 Post St Ste 742
San Francisco, CA 94108
(415) 233-4350
Attorneys,  Personal Injury Law Attorneys,  Sexual Harassment Attorneys,  Accident & Property Damage
Dubrovsky Law
240 Stockton St. Ste. 400
San Francisco, CA 94108
(415) 982-4279
Child Support Collections, Child Custody Attorneys, Divorce Attorneys, Family Law Attorneys, Attorne
Bonnie Follett
875 Bush St
San Francisco, CA 94108
(415) 474-3391
Legal Service Plans,  Civil Litigation & Trial Law Attorneys,  Landlord & Tenant Attorneys,  Persona
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US