Legal Question in Family Law in California
pre-nuptual agreement
We were married 10 1/2 years ago with a simple hand-written pre-nup, which I think was thrown away years ago. My husband keeps threatening to use it if I get a lawyer. Is a pre-nup effective ten years later? Does he actually have to produce the paper to show we had an agreement? Thanks
1 Answer from Attorneys
Reply: pre-nuptual agreement
In a general sense, the person trying to enforce a pre nuptial agreement has the burden of (1) providing a signed copy of it and (2) establishing that is is a valid agreement under California Law. Based upon current Family Code Sections and case law, a hand written agreement without legal representation may not be enforceable.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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