Legal Question in Family Law in California

Re: Prewritten contract forms as: premarital agreements, prenuptual agreements,

There may be pre-written agreements available, however I would under no circumstances ever recommend using one if you actually want it to be upheld in Court. I usually charge very reasonable rates to prepare such agreements (usually under $500.00) and if you are interested in discussing this with me give me a call at 818-342-8020 x1.

You must look at what you could possibly lose without a valid agreement, and not the cost of obtaining the agreement!!

Norman Gregory Fernandez, Esq/

Re: Prewritten contract forms as: premarital agreements, prenuptual agreements,

The previous attorney who responded is right--for those agreements to hold up in court, you need to follow VERY strict rules for the agreements to be upheld. The main points are that both of you are represented by an attorney, you both make a full disclosure of all of your assets, nobody signs the agreement under duress (i.e. sign this or today's wedding won't take place!), and the circumstances you find yourself in at the time of the divorce can't be so different as to make the agreement unfair.

In addition, there's many details to attend to: what if one of you dies while you're still married? will the provisions of your agreement change if you have children? what happens if you intermingle your pre-marital property with property bought after the marriage....and the list goes on.

If you have any assets to protect, it's worth hiring a family lawyer who does these agreements often & knows the current state of the law.