The Importance Of Working With A Prenuptial Agreement Lawyer San Francisco CA

By Marlene Blevins


A prenuptial contract is created by individuals who want to get married. Typically, this agreement contains information about all the properties that both parties own and their debts. It also clearly identifies the property rights of both parties after marriage. The division of liabilities and assets is also specified in this contract and if one partner will receive spousal support after a divorce.

A prenuptial contract is enforceable without consideration and it becomes effective once a couple gets married. This contract can be amended or revoked after marriage only if both parties create and sign another agreement. When creating this contract, the services of an attorney are necessary. By working with a prenuptial agreement lawyer San Francisco CA inhabitants can draft a fair contract that meets the requirements of the state and contains their wishes.

The advantage of a premarital contract to both parties is that helps them avoid high litigation costs, protect family and business assets and protect themselves against creditors. It also helps couples set child custody and support guidelines. The other reason for making a prenup is to predetermine the disposition of property.

In the premarital contract, you can also indicate whether certain assets will be owned by both of you or will remain as separate property of one partner. With this contract, you can also ensure that step children inherit certain property if you or your partner dies. It can also define your financial responsibilities and those of your partner once you get married.

A court can declare your premarital contract invalid but you can keep this from happening if you hire a separate lawyer to represent your interests. Note that neither you nor your spouse is expected to have separate representation but courts often take certain measures before enforcing agreements especially those signed by a person who did not hire a separate lawyer. In such a case, courts can declare the contract invalid especially if they find that it favors one partner.

Before they draft a prenup with an attorney, couples should clearly understand what should be included in the contract. It is wise to create an outline of the terms so that the agreement can be fair for both parties. Both parties should also report their assets and income fully to satisfy the requirement that each party discloses his or her finances fully.

When you hire an experienced attorney, he or she will inform you about the things you should not include in the contract. Normally, a provision that involves nonmonetary matters or violates public policy cannot be included in the contract. Therefore, courts refrain from enforcing any provisions that place a limit on child visitation or child custody rights, child support or using financial incentives to pressure a partner into accepting divorce. They also refrain from enforcing conditions like the number of children the married couple will have or how they will divide household chores.

Couples should work with an attorney who has drafted many premarital agreements over the years. To find such a lawyer, they can ask for recommendations from people who have used the services of such a lawyer. When speaking with an attorney, couples should ask questions about any matter they are not sure about. They should also be completely honest about their assets and income so that the attorney can draft a good agreement.




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