Where does one go to gt a prenup? Are they really recognised in court?

Question

Anybody have any exsperience in this area> Especially in California? I am thinking about 'taking the plunge', but I am concerned about future issues.

Answer 1

unless you have alot of assets now i wouldnt bother with a prenupt through a lawer. if she is willing to agree on what each of you will have after if in the event it should end. a simple signed agreement signed by the both of you and notarized will hold up and as you two accumulate more assets you can revisit the agreement or see an attorney if the items start getting expensive. but a word though child support can not be agreed upon on a prenupt as the states all have standard guidlines that divocing parents must abide by. good luck and best wishing on your potential marriage

Answer 2

Your a smart man to think proactively. You need to see a lawyer. You want one that is good at divorce. They can help you put together an ironclad prenup. Nowadays people don't treat marriage as a sanctimonious event. Too many people see it as just a status symbol. You should protect all that you have worked for before you get into a marriage. I remember a couple that got married and the guy spent almost 120,000 grand on the wedding and stuff. 3 months later he caught her cheating with her boss!! unprotected sex and all that jazz. sure enough they got a divorce. but all that money he invested in her and the wedding went down the chutes. Prenups are becoming the norm. Don't be afraid to make the move. If she is for real, she would have no problem with it.

Answer 3

See a lawyer...it must be perfectly written, will cover ONLY assets you bring to the marriage, nothing from the time you are married ... that becomes community property in California and many other states, as it should. Be careful, and I will add that if you have these concerns now, I would hold off on getting married...I do not think you are ready. Good luck

Answer 4

They are recognized in court if
1) the non-drafting party had a chance to consult an attorney
or
2) the non-drafting party has adequate means to support him or herself

It is a contract that must be created preferably by an attorney. They will hold up in court unless it is unconscionable (there is unfairness in the bargaining process, it's too one-sided or against public policy), there is mistake, one of the parties does not have capacity to make the contract (i.e. too young, insane etc), duress (threat of physical harm), and it probably should be in writing not oral.
This is the BARE BONES basics, and I'm from AZ not Cali. Anyways, see an attorney.

Answer 5

You must each have independent counsel.
A prenuptial agreement is a private agreement between two persons contemplating marriage. The couple generally settles, in advance, financial matters in the event of death or divorce."Lifestyle" or non-financial topics also may be included. The contract overrides and preempts state, family and probate laws that otherwise would apply.
There are three basic rules that should be followed to safeguard your agreement: full and fair disclosure, separate and independent counsel, and ample lead-time before the wedding.
The agreement must be "fair and reasonable", meaning you both have to offer full and fair disclosure, have separate and independent counsel, and make sure there is ample lead-time before the wedding.

In order to best safeguard your union, there are certain key issues you should include in your prenup. Be sure to review the following with your soon-to-be spouse:

List all assets, liabilities, income, and expectations of gifts and inheritances.
Describe how premarital debts will be paid.
Resolve what happens to your premarital property in reference to appreciation, gains, income, rentals, dividends and proceeds of such property- in the event of death or divorce.
Decide who, or if both of you, will own the marital residence and secondary homes in the event of death or divorce.
Specify the status of gifts, inheritances, and trusts either spouse receives or benefits from, whether before or after marriage.
Clarify what will happen to each type of property, whether jointly or individually owned, such as real estate, artwork and jewelry.
Figure out alimony, maintenance, or spousal support, or provide for a waiver or property settlement instead of support (to the extent allowable by law).
Detail death benefits, stating what you will provide for in your will.
Decide on medical, disability, life or long-term-care insurance coverage.
Remember: Some people may be hesitant to enter a prenup with their beloved, because they believe it destroys the romance and fantasy of their upcoming marriage. A prenuptial agreement, however, gives a couple an opportunity to share their hopes and dreams with one another and articulate their aspirations. The best chance of living up to one another's expectations is knowing what they are in advance and finding out what it is that your partner holds dear. A prenup can intensify the pleasure of a relationship by drawing out the couple's desires, promoting communication and enabling partners to establish for themselves the rules of their marriage. By virtue of this process, a prenup protects the romance that launched the couple and makes happily-ever-after more likely. A relationship based on reality is stronger than a relationship built on illusion.
Best of luck!

Answer 6

Get yourself a Lawyer.. and yes they are recognized in court.. i got myself a prenup before i married my husband.. i got property that i don't want him touching.. that crap of oh if you love someone you would not care... bull crap what i had before marriage is MINE and it is going to stay MINE! He can have the joy of my properties while we are married.. but if we ever get divorced he can have himself a new woman with nothing! cuz he ain't getting my stuff!

good luck hope you have a beautiful wedding and a wonderful prenup

Answer 7

If you are about to marry a girl with whom you think you need a prenup, don't do it!! You should never marry unless you are certain that both of you believe "until death do you part." If you do not, there is no valid marriage between you.

Answer 8

What issues? MONEY if you love someone trusting them is a big think in a relationship and unless you have a lot of money well forget it. My fiance' wants the same thing. He's not rich so what is the point. He says it because of the state and what not. Whatever. I told him if he wants one fine. But really deep down it really makes me think he doesn't trust me and that really hurts

Answer 9

A lawyer. Generally, as long as they're properly written and you live up to your end of the bargain, it'll hold up. Be careful though as they sometimes cause more problems than they prevent.

Answer 10

An attorney, and it is a legal binding contract that in most cases is upheld in court.