Thanks for your question.California here has enacted the Uniform Premarital Agreement Act, it's version of the law makes it very difficult for individuals unrepresented by attorneys at the time the agreement is written and executed to enforce a premarital agreement. It also mandates a seven day waiting period between the time the agreement is first presented to a party and the time it is actually signed.
Another issue with California premarital agreements is whether the parties to an agreement may limit spousal support
(also called "alimony
") in a subsequent divorce. In the case of Pendleton v. Fineman
, S.Ct. Cali. 8/21/00,.
Here in this case the Supreme Court of California found "that the validity of waivers of spousal support in prenuptial agreements was left to the courts by the legislature and, furthermore, that such agreements are not
automatically void as against public policy. The botXXXXX XXXXXne is that waivers of spousal support are legal in California."
Know here that your prenuptial agreement will be closely scrutinized by the courts to ensure that neither party obtained an unfair advantage over the other. If you desire additional knowledge that your agreement will be enforced by the courts on the issue of alimony in California.,Based on this case it is vital that both parties have the agreement reviewed by separate attorneys prior to signing.
So the botXXXXX XXXXXne here is each of you needs an independent counsel here. One can prepare and the other lawyer reviews it with their lawyer. No way around it here if you want it to be valid. Self prepared ones in California will likely not be upheld.
Here is lawyer referral..
|1-866-442-2529 or 866-44-CA-LAW|
(toll free in California)
(from outside California)
Lawyer Referral Services Program (LRS)
The State Bar of CaliforniaXXXXXbr />San Francisco, CA 94105
e-mail: [email protected]