Legal Question in Family Law in California

My Fianc� and I are planning to do our own prenup with out legal representation on both sides in California. He has no assets, I have 3 homes and want to try and secure those for my child (not his child) in an event of a divorce . What would we have to do to make that prenup valid? I understand it needs to be notarized and have 2 witnesses but my concern is the �no legal representation.�


Asked on 4/28/14, 1:08 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Prenuptial agreements are not valid unless both sides are afforded the opportunity to have independent counsel, or waive this requirement in writing. In addition, there are various legal requirements that have to be met to make the prenuptial agreement valid under California law, and certain things are invalid in a prenuptial agreement. I urge you to have an attorney assist you and have it done right.

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Answered on 4/28/14, 1:28 pm
Kelvin Green The Law Office of Kelvin Green

Mr Roach offers you good advice. Pay now or you will really pay later. You have three homes. Unless they are self supporting or can be paid for with separate property funds, you will always run the risk of paying community funds back. You both need counsel.

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Answered on 4/28/14, 8:54 pm


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