When
You Need An Experienced Attorney To Write Your Prenuptial
Agreement |
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Family
Law - Premarital Agreement Lawyer Since
1976 |
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What's a prenuptial agreement?
Under the Uniform Premarital Agreement
Act (UPAA) a prenuptial (or premarital) agreement is “an
agreement between prospective spouses made in contemplation
of marriage and to be effective upon marriage”. Under
the act, "Property" which may be the subject of a
premarital agreement includes any “interest, present or
future, legal or equitable, vested or contingent, in real or
personal property, including income and earnings”.
A Prenuptial agreement may deal with
a wide variety of issues between prospective spouses including:
- The rights and obligations of each
of the parties in any of the property of either or both
of them acquired before the marriage.
- The rights and obligations of each
of the parties in any of the property of either or both
of them acquired after the marriage.
- The disposition of property upon
separation, divorce, or death.
- The making of a will, trust, or
other arrangement to carry out the provisions of the agreement.
- The ownership rights in and disposition
of the death benefit from a life insurance policy.
- The choice of law governing the
construction of the agreement.
- Any other matter, including their
personal rights and obligations, not in violation of public
policy or a statute imposing a criminal penalty.
Why Sign a premarital
agreement?
Nobody wants to think at the beginning
of a marriage that it will ever end in divorce. However the
statistics on divorce in the United States cannot be ignored.
Here are some examples:
- In 2003 2.3 millions couples married
and 1.3 million couples divorced.
- In 2003 the Bureau of the Census
projected that 4 of 10 first marriages will end in divorce.
- People between the ages of 25 to
39 make up 60% of all divorces.
- Over one million children are affected
by divorce each year.
- Approximately 1/3 of divorced parents
remain bitter and hostile several years after the divorce.
- 75% of women and 80% of men remarry
within 5 years after divorce.
- Second marriages are at greater
risk of ending in divorce that first marriages.
- More people are part of second marriages
today than first marriages.
The sad fact is that, in more than half
of the cases, marriages have a beginning, a middle, and an end.
And anyone who has been through a divorce will tell you that,
without a prenuptial agreement, the end of a marriage can be
a litigation nightmare for the parties, for their children,
and for other family members.
A properly drawn and executed premarital
agreement provides the parties with a measure of certainty as
to how property and debts will be divided at the end of an unsuccessful
marriage and may greatly reduce or even eliminate the issues
which must be expensively litigated. The trouble and expense
of drafting and executing a prenuptial agreement generally does
not begin to compare with the trouble and expense of the legal
battle resulting from the absence of a prenuptial agreement.
California Prenuptial
Agreement Procedure:
California has developed strict requirements
for the drafting and execution of premarital agreements. It
is essential that these be strictly followed. Our office will
guide you through these procedures including:
- Drafting the agreement in consultation
with the client
- Drafting advisements and waivers
which must be formally delivered to both parties before
the agreement can be signed.
- Proper execution and notarization
of the agreement.
- Proper care and storage of the agreement.
Fees & Costs:
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Attorney
Fees: |
$1,500 flat |
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Costs: |
approximately $30 notary fees. |
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