Legal Question in Family Law in California

Pre-Nup Question

My 70 yo mother is marrying a 76 yo man in mid-Feb. They handwrote pre-nup's, having a group of friends witness their signatures. Will these hold up in court?


Asked on 1/22/02, 4:44 pm

2 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Pre-Nup Question

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, Tenants'

Rights, Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, etc.).

NOW IN RESPONSE TO YOUR INQUIRY --

It's not mandatory, but the signatures of the parties to a Premarital Agreement should be notarized. I'd be more concerned about the enforceability of the content as written by them.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 1/22/02, 8:05 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Pre-Nup Question

I don't normally prepare pre-nuptial agreements because the law is changing so frequently on them and because I do not have the time to keep up with the law with respect to pre-nuptials. The agreement must comply with Family Code Sections 1610 through 1620. I doubt that someone without legal training can complete such a complex contract, but your mother and her new husband may be an exception. Good Luck, Pat McCrary

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Answered on 1/22/02, 8:37 pm


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