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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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need info about prenuptual agreements

Resolved Question:

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Submitted: 8 years ago.
Category: Family Law
Expert:  RayAnswers replied 8 years ago.
HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:
-Could you explain your situation a little more?Sure give me a state and any specific questions that oyu have here so that I can answer..

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 8 years ago.
I SIMPLY WANT TO GET A STARTED ON GETTING A PRENUPTIAL AGREEMENT STARTED. I AM A WIDOW WITH A SIZEABLE ESTATE AND CONTIMPLATING A MARRAGE WITH A WIDOW THAT HAS VERY LITTLE AT THE PRESENwHAT WORDING CAN BE USED TO PROTECT AND MY FAMILY ESTATE.
Customer: replied 8 years ago.
HAVE I EXPLAINED MYSELF ENOUGH//??
Expert:  RayAnswers replied 8 years ago.
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)

415-538-2250
(from outside California)

Lawyer Referral Services Program (LRS)
The State Bar of CaliforniaXXXXXbr />San Francisco, CA 94105
e-mail: [email protected]
Phone:(NNN) NNN-NNNN/p>

RayAnswers and other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
I WOULD PREFER A RFEFERRAL TO A LAWYER IN N ORTH COUNTY SAN DIEGO ,CA. SAN FRANCIS CO IS 300 MILES AWAY CEaNSIDE OR VISTA OR CARLSBAD, CA.WOULD BE THE BEST FOR ME
Expert:  RayAnswers replied 8 years ago.
Mamm this is the state bar. They will refer you to a local lawyer wherever you are. The bar building here is just in San Francisco. They very much cover the whole state and will make you local referral. A valid prenup here is critical for you and the best money you will ever spend if you ever need it. I wish all my clients woudl think ahead like you here.I do wish you good luck with the marriage.

Use the toll free number and they will get you a local lawyer I promise..
RayAnswers and other Family Law Specialists are ready to help you

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