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 Avenal, CA

Do I Need a Lawyer for a Prenuptial Agreement in Avenal, CA


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 Avenal, CA
Walters And Moshrefi PC
5424 N Palm Ave
Fresno, CA 93704
(559) 439-9999
Criminal Law Attorneys,  Divorce Attorneys,  Estate Planning, Probate, & Living Trusts,  Personal
Jonathan M. Rutledge
225 Bush St Suite 1600
San Francisco, CA 94104
(888) 441-9973
Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys
Nick Davaei
4000 Barranca Pkwy
Irvine, CA 92604
(714) 417-9955
Immigration Law Attorneys
Sarmiento Juliette Topacio
2039 Shattuck Ave # 204
Berkeley, CA 94704
(510) 548-9944
Attorneys, General Practice Attorneys
Steinhauer Eric
1919 Addison St
Berkeley, CA 94704
(510) 843-9944
General Practice Attorneys, Attorneys
Thai Duy
351 California St # 550
San Francisco, CA 94104
(415) 296-9927
Attorneys, Legal Service Plans
Gray Law Firm
235 Montgomery St # 930
San Francisco, CA 94104
(415) 262-9926
Insurance Attorneys, Attorneys, Legal Service Plans
Moss Tucker Chiu Hebesha
5260 N Palm Ave
Fresno, CA 93704
(559) 472-9922
Corporation & Partnership Law Attorneys, Attorneys, Legal Service Plans
Herman D Papa
354 Pine St # 3
San Francisco, CA 94104
(415) 399-9922
Attorneys, Legal Service Plans
Jensen Chas Atty
1622 4th St
Santa Rosa, CA 95404
(707) 527-9911
General Practice Attorneys, Attorneys
Capron John R
400 Montgomery St
San Francisco, CA 94104
(415) 693-9901
Attorneys, General Practice Attorneys
Litigation-Tech
44 Montgomery St
San Francisco, CA 94104
(415) 291-9900
Attorneys Support & Service Bureaus, Attorneys, General Practice Attorneys
Overett Group
5150 Pacific Coast Highway
Long Beach, CA 90804
(562) 986-9864
Accident & Property Damage Attorneys, Personal Injury Law Attorneys, Attorneys
Mayra's Wedding Chapel
407 N Normandie Ave
Los Angeles, CA 90004
(323) 663-9814
Notaries Public,  Attorneys Referral & Information Service,  Wedding Chapels & Ceremonies,  Wedding
Aspelin John
220 Montgomery St # 1009
San Francisco, CA 94104
(415) 296-9812
General Practice Attorneys, Attorneys, Legal Service Plans
Tobriner Michael C Atty
115 Sansome St
San Francisco, CA 94104
(415) 981-9801
General Practice Attorneys, Attorneys
HAQ LAW FIRM
6600 Jurupa Ave
Riverside, CA 92504
(909) 234-9789
Family Law Attorneys, Divorce Attorneys, Civil Litigation & Trial Law Attorneys, Domestic Violence A
Rogers Richard
100 Bush St # 1980
San Francisco, CA 94104
(415) 981-9788
General Practice Attorneys, Attorneys
Dann Emery & Karen
1120 Carr Ave
Santa Rosa, CA 95404
(707) 527-9711
Family Law Attorneys
Divorce & Family Law
5412 N Palm Ave
Fresno, CA 93704
(559) 431-9710
Family Law Attorneys, Attorneys, Legal Service Plans
Bromberg Dennis
5740 N Palm Ave
Fresno, CA 93704
(559) 439-9700
Attorneys, Social Security & Disability Law Attorneys
Bromberg Dennis A Professional Law Corporation
5740 N Palm Ave
Fresno, CA 93704
(559) 439-9700
Attorneys, Social Security & Disability Law Attorneys
Friedman Bruce K
425 California St
San Francisco, CA 94104
(415) 395-9700
Attorneys, Estate Planning Attorneys, Legal Service Plans, General Practice Attorneys
Weinberger Mark
613 4th St Suite 201
Santa Rosa, CA 95404
(707) 546-9700
Attorneys, Employee Benefits & Worker Compensation Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US