Legal Question in Family Law in California
pre nup
Hello, I have contacted a few attorneys that said if you do a pre nup off of the internet or from an office supply store and have it notorized, that it will not hold up in court. They say that you have to have 2 attorneys now in Calif to do a prenup. Is this correct or are they just trying to make a ton of money. I was just going to get one off of the iternet and have it taken to the notary. Please let me know your take of this situation. I have 2 homes and some property. Just with the equity involved it totals around $550,000. Thanks Alesha
2 Answers from Attorneys
Reply: pre nup
In a general sense, pre nuptial agreements require a number of things that pre-printed forms usually do not include. While I am a proponent of using forms for things like power of attorney, I am not a proponent for using these forms for pre nuptial agreements. You have assets that are worth protecting, and both parties to the prenuptial agreement shoudl be represented by legal counsel.
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
Re: pre nup
Why would you risk 550k in property on a store purchased prenuptial agreement?
You do not need two lawyers, however the verbiage in prenuptial agreements that I prepare always has specific language about the "other person" either stating that they have retained a lawyer who has approved to form and content, or that they have been advised to retain an attorney and willingly failed to do so.
I would never risk 550k without retaining a lawyer to draft you a real prenuptial.
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