Basics of Enforcing a California Prenup

Some couples sign premarital agreements that consist of terms they know aren’t enforceable. They do this because they wish to memorialize agreements in writing, whether or not California courts will uphold those contracts.
Other couples care mainly about safeguarding assets in case of a future breakup, and so enforcement is a leading priority.

Either method, couples ought to consider the three prenup enforcement basics.
Initially, both parties definitely should be represented by a lawyer (even if among the parties is a lawyer themselves). The case law has been rather clear on this score: when one party does not understand what they’re getting into, the prenup could be rescinded. Do not risk it. Get counsel.

Second, offer the procedure time. You must wait 7 days between providing the last draft of your agreement to your fiancé, and the signing of that that draft. Also, it’s finest to begin negotiations prior to the wedding invitations go out.
Third, complete disclosure of your financial picture is vital. When in doubt, over disclose. Each of you requires to know just what you’re entering if you want your agreement to be fair and enforceable.

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