Legal Question in Family Law in California
Pre-Marital Agreement...Is it Legal?
I typed up a pre-marital agreement that both my husband and I signed three weeks before we were married. We also, had it notarized. The defendant is now trying to prove that because, I'm not an attorney the contract won't hold up in court. Should I be worried?
3 Answers from Attorneys
Re: Pre-Marital Agreement...Is it Legal?
Each case needs to be evaluated separately, some contracts are not enforceable. Who has filed for divorce? Please call me directly at (619) 222-3504.
Re: Pre-Marital Agreement...Is it Legal?
Just because you typed the pre-marital agreement does not mean it is necessarily unenforcable. It would depend upon the terms of the agreement, whether there was full disclosure, and whether you gave you ex the opportunity to have an attorney review the agreement, etc.
Re: Pre-Marital Agreement...Is it Legal?
Court look at various factors to determine whether to uphold a prenump or not. One of those factors is whether the parties were represented by counsel. Other factors that courts look at are whether there was full disclosure of assets/liablities and whether the parties stood in a confidential relationship. There are other grounds that courts look at as well. If you are in Bay Area you are welcome to call me to discuss.
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