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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101331
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello! My husband filed a Petition for Legal Separation.

Customer Question

Hello!

My husband filed a Petition for Legal Separation. We live in California. We were together 8 years as boyfriend and girlfriend. Last year on August 24, 2011 we got married. Our marriage with Prenuptial Agreement was only 1 year. My husband took lawyer to file Petition. My question is:
1. If marriage is only 1 year and with Prenup should I also take lawyer or because it is so short and with Prenup I do not have many rights and better to sign all papers without lawyer?
2. Or because we were together 9 years (8 years as boyfriend and girlfriend and 1 year married I have some rights? Thank you. Vera
My email:

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Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

I am sorry for your situation. You should always have an attorney - pre-nuptial or not. Do not simply sign away your rights, if any, without speaking with an attorney.

Length of the marriage before the pre-nuptial agreement does not matter, I am afraid. California Uniform Premarital Agreement Act's Section 1615 sets out when a prenuptial agreement California is enforceable, and when it isn’t. The usual caveats apply here: there must be financial disclosure, the premarital agreement must not be unconscionable, there must not be any coercion, and the parties must understand what they are signing. California requires that there be at least seven days between when a party is first presented with an agreement and when the agreement is signed.

Otherwise, it is fully enforceable, I am afraid. But again, have an attorney look over the paperwork anyhow, because you may be signing away more than you have to.

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Customer: replied 5 years ago.
Thank you for the answere.

A couple more questions:
1. So I understand that in California if there is no seven days between when a party is first presented with an agreement and when the agreement is signed then Prenup is not active. Prenup does not work. Am I right? But if 1st versin was reviewed 1 month before the final then prenup is legal and it works. Am I right?
2. I am unemployed now. No income. If I take lawyer should my husband pay for the laywer?
3. What is better in my situation Legal Seperation or Dissolution if I do not want devorse?

Thank you. Vera
Expert:  Ely replied 5 years ago.
Vera,

1. So I understand that in California if there is no seven days between when a party is first presented with an agreement and when the agreement is signed then Prenup is not active. Prenup does not work. Am I right? But if 1st versin was reviewed 1 month before the final then prenup is legal and it works. Am I right?

Yes, if you signed it before 7 says were up after you presented it, the pre-nuptial contract may be voided.

2. I am unemployed now. No income. If I take lawyer should my husband pay for the laywer?

No, you would be responsible, I am afraid.

3. What is better in my situation Legal Seperation or Dissolution if I do not want devorse?

I would not do anything if I were you without counsel at this point.

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