Irvine Prenuptial Agreement Attorney
Helping Orange County Clients Protect their Assets and Best Interest in Premarital Agreements
The Neshanian Law Firm, Inc has been providing skilled legal counsel and representation to clients in a broad range of family law issues, including reviewing and drafting prenuptial agreements, since 2005.
A Certified Family Law Specialist by The State Bar of California Board of Legal Specialization, Attorney Amy Neshanian possesses extensive experience assisting clients with their prenuptial agreements (signed prior to marriage) and postnuptial agreements (signed after the marriage has taken place).
Whether you need a knowledgeable prenup lawyer to draft a marital agreement or to review a marital agreement prior to obligating yourself to its terms and clauses within, contact Irvine prenuptial agreement attorney Amy Neshanian to schedule a comprehensive, in-office consultation. We offer free 15 minute phone consultations.
Centrally located in Irvine, The Neshanian Law Firm, Inc represents clients who live throughout Orange County. Call (949) 577-7935 to learn how we can preserve and protect your interests.
How to get a Prenup in California
Generally, the process of creating a CA prenup is as follows:
The couple must have a minimum of 7 days before the official date of marriage to review the prenup with legal counsel before signing.
There must be full disclosure of each party's assets, properties, debts and liabilities.
The agreement must be fair and conscionable, otherwise a judge may rule the contract unenforceable.
The agreement must not be entered into upon duress.
Signatures must be notarized.
Although it is possible to sign a prenup without an attorney, it is strongly advised to retain reliable legal counsel, as this ensures that the prenup will stand up in court.
Prenuptial Agreement Attorneys in Irvine
A prenuptial agreement is a contract between two parties which is signed prior to entering into marriage, and it sets forth with specificity which assets will be classified as separate property and marital property, as well as how the assets will be divided upon divorce and, in some instances, death.
Who Can Write Up a Prenup?
In order for a prenuptial agreement to be legal in the state of California, both parties must be represented by legal counsel, unless a party waives their right to independent counsel. The obligated party must obtain legal advice from an independent attorney regarding the terms of the prenuptial agreement. Failure to do so will result in the agreement being invalidated by the courts.
Enforceability of a Prenuptial Agreement
First, in order for a prenuptial agreement to be effective in deciding all financial matters, California law mandates that all parties be represented by an attorney during the negotiation and finalization of the agreement. This ensures that each party must have their own independent legal counsel; an attorney representing one person cannot also represent his or her fiancé.
A court would also consider whether all parties entered into the arrangement willingly.
Child custody and child support modifications will not be allowed because the judge will make certain decisions based on the child's best interests, not the parents' wishes. Even if a court determines that the agreement's conditions are "unconscionable" (i.e., excessively unfair) or enable the court to consider personal matters in the marriage (e.g., a clause requiring one partner to pay more if the other cheats), these provisions will not be enforced.
How Much is a Prenup in California?
The cost of a prenuptial agreement in California can vary due to the personalized nature of each contract. Some of the facts that will go into the overall cost of a prenup include:
- Complex assets or debts owed
- Collaborative efforts of each party
- Prolonged negotiations
- Organization of bank accounts and properties
- The amount of details outlined in the prenuptial agreement
Do I Need a Lawyer to Get a Prenup?
It is recommended that both spouses-to-be have independent legal counsel in order to ensure that their prenuptial agreement is legal. A number of factors can easily invalidate a prenup, including a verba agreement, the use of force to gain the signature of one party, the development of of relationship-based requirements, the promotion of divorce, and the absence of other legal requirements.
If you and your partner are considering a prenup, trust our lawyers at The Neshanian Law Firm, Inc. to make the process easier. Irvine prenup lawyer Amy Neshanian not only drafts prenuptial agreements and postnuptial agreements on behalf of the party seeking protection, but she also reviews marital agreements on behalf of the party who is to be bound by the terms of the agreement.
Prenuptial agreements will be deemed valid by the court unless the moving party is able to successfully demonstrate to the court’s satisfaction that it was signed under duress, or the other party failed to fully disclose the extent of their assets.
Call The Neshanian Law Firm, Inc Today for a Consultation
If you are getting married and need an experienced professional to draft a prenuptial agreement on your behalf, or if you have been asked by your future or current spouse to sign a marital agreement, contact The Neshanian Law Firm, Inc and Irvine prenuptial agreement attorney Amy Neshanian at (949) 577-7935 to make an appointment for a confidential legal consultation and in-depth case analysis.