Questions

Can I draft my own pre nup?

Can I draft my own pre nup?

In California, individuals can draft their prenups. Other requirements include a written contract, legal terms within the prenup and the voluntary signatures of both parties. Each party must also have received complete information regarding the other’s properties, debts and income.

How do I get a fair prenup?

For the prenup to be enforceable, the agreement must:

  1. be fair.
  2. have both parties sign voluntarily with the presence of their lawyers.
  3. not be completely one-sided as of the date it’s signed.
  4. have complete honesty from both parties about their assets and debts.

Is a pre nup worth it?

While prenups usually aren’t bad ideas, they aren’t always necessary. For couples with significant financial assets on either or both sides, a prenup might be a good idea. There are a host of other reasons to think about getting a prenup. Namely, divorce (without a prenup) can seriously affect your credit.

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What should be included in a prenup?

What Should be Included in a Prenuptial Agreement

  1. Premarital assets and debts.
  2. Children from previous marriage.
  3. Marital assets and debts.
  4. Marital responsibilities.
  5. Work.
  6. Family property.
  7. Property division in divorce.

How long does it take to draft a prenup?

Remember, California law requires a waiting period (minimum should be 7 days from FINAL draft). So, an optimal time to get a prenup would be about 3 months before your wedding.

How much do prenups cost?

Prenups can range in cost based on several factors. For most couples, the cost will range from $1,000 up to $10,000 for more complicated situations. While there are templates and information available online, it’s wise to use a private attorney to ensure that the agreement is valid and legally binding.

What is a bad prenup?

A bad prenup–meaning one that either isn’t legally enforceable, misses an important contingency, or that does something other than what you expect it to–isn’t worth anything.

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Does cheating void a prenup?

Spousal abuse or cheating does not void or invalidate a prenuptial or partition agreement unless the agreement specifically states that. A custom marital agreement can include an infidelity clause, but the ramifications should be carefully considered.