Legal Question in Family Law in California
Prenuptial Agreement
I will get married soon but I want to have a prenuptial agreement where both of us will have TOTAL separation of everything. I know that I can download an agreement online and sign it without a lawyer BUT I am not sure whether it would hold up in a court of law� I am aware that not having a lawyer has chances of having trouble in the future but since we are not negotiating anything I still want to take this risk. If it is possible to have an agreement without a lawyer, what are the steps I have to take to be sure it would hold up in a court of law? Thanks
1 Answer from Attorneys
Re: Prenuptial Agreement
Prenuptial Agreements can be struck down by the Courts for many reasons - even if both parties are represented by counsel. You should have both parties get an attorney to review the document and have the lawyers sign off on the agreement as well. The lawyers should know about the relative "cooling off" periods that will increase the likelihood of the agreement being held up.