Tuesday, September 16, 2014

Tips On Hiring A Prenuptial Agreement Lawyer San Francisco CA

By Marlene Blevins


A prenuptial or premarital agreement is a contract that is created by two individual who want to marry. This contract is made in writing and it lists the assets and liabilities owned by each party. It specifies the property rights of either party once they become husband and wife. In addition, this contract states how liabilities an assets will be divided in a divorce takes pace and whether alimony will be paid.

This contract can be enforced without deliberation and it becomes effective after marriage. After marriage, you can have this agreement revoked or amended by creating another agreement. It is important to hire an attorney as you draft this contract. By choosing to hire a prenuptial agreement lawyer San Francisco CA dwellers can create a fair contract, which contains their wishes and abides by the laws of California.

When you create a premarital agreement, you and your partner will be able to protect your business and family assets, avoid paying high litigation fees and protect yourselves against creditors. This contract will also enable you to set child support and child custody guidelines. You can also use it to state how property should be disposed after separation or death of one partner.

In the premarital contract, you can also indicate whether certain assets will be owned by both of you or will remain as separate property of one partner. With this contract, you can also ensure that step children inherit certain property if you or your partner dies. It can also define your financial responsibilities and those of your partner once you get married.

In order to keep a court from declaring a premarital contract invalid, couples should hire two attorneys to represent their individual interests. Even if neither spouse is required to have separate legal representation, courts often take precautions before they enforce agreements signed by a party that lacked independent legal representation. In such a situation, a court can invalidate a prenup particularly if it seems unfair for the spouse who lacked legal representation.

Before drafting a prenup with a lawyer, you and your spouse should know exactly what the contract should include. It is advisable to come up with an outline of the terms in order to create an agreement that will be fair for the two of you. You and your partner should report your income and assets fully to fulfill the requirement that two parties should fully disclose their finances.

An experienced attorney knows the terms that should not be included in a premarital contract. This includes provisions that violate public policy and provisions involving nonmonetary matters. Courts usually do not enforce any provision that places a limit on future child support, child custody or child visitation rights or the utilization of monetary incentives to encourage divorce. They also do not enforce conditions such as the number of children a married couple will have or how they will share household chores.

It is advisable to hire a lawyer who has helped many couples create prenuptial agreements in the past. You can ask individuals who have used such services before for recommendations. As you speak to your lawyer, ask him or her to clarify any issue that you are not sure of.




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