Legal Question in Family Law in California

Reply: Pre-divorce agreement

In order to be enforceable, you have to comply with Family Code Section 721 and make a full and complete disclosure. These types of transactions are disfavorded by the courts.

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-divorce agreement

If you want an enforceable Marital Settlement Agreement you should get represented. Otherwise, who knows what may be alleged if your wife changes her mind, which as a woman, I have been told it is her perogative to do so. Call me directly at (619) 222-3504.

Re: Pre-divorce agreement

The document you sign, if not properly drafted, will not be worth the paper it's written on.

I strongly suggest you retain an attorney to assist you.

Regards,

Damian Nolan

Re: Pre-divorce agreement

In preparation of such an agreement there is a presumption of fraud, which must be overcome by evidence. You should file for your dissolution and then prepare an agreement for a prejudgment distribution and the appropriate waivers. Even with a signed the agreement you will have problems because the judge is required to divide property equally and those valued are as of the date of trial, not the date of distribution. You need an attorney on this if you want confidence that your agreement will stand. Good Luck, Pat McCrary