When considering a prenup in California, there are several things couples have on their minds. While a prenuptial agreement is a great way to protect your assets and yourself against every possible situation, we often get asked about whether or not a prenuptial agreement requires a lawyer to be drafted. More specifically, do you need a lawyer for a prenup in California, and are there restrictions? We’ve prepared this article covering the benefits of having legal counsel and the risks of writing a prenup without a lawyer.
Do You Need a Lawyer for a Prenup in California?
In California, it is strongly advised (and sometimes required) that both parties have legal advice from independent counsel to make sure their interests and rights are protected according to marital law.
In fact, if spousal support provisions are included in the prenuptial agreement, both parties seeking a prenuptial agreement must obtain separate legal assistance under California law. This legal requirement was put in place to make sure that neither party was subjected to undue influence or coercion.
This also ensures that both parties understand their rights and obligations under the terms of the premarital agreement. Without independent legal representation, each spouse may contest the agreement in court, which may declare it void.
To ensure this does not happen, you should hire the best lawyer for prenup in California. With one of our lawyers by your side, you will not have to worry about your prenuptial agreement being potentially non-legally binding.
Can I Write my own Prenup in California?
You can create your own prenup under the Uniform Premarital Agreement Act (UPAA) as long as it is in writing and follows the requirements of a prenuptial agreement. However, it’s still recommended to seek legal counsel.
Couples who write their prenuptial agreements without legal counsel risk their prenups being unlawful. There are several risks to creating a prenup without a lawyer, such as the following:
- Not following formality and legal requirements – your prenup must follow certain formal requirements specific to the state of California for it to be enforceable. This includes the prenup being in writing, signed by both parties, and notarized.
- Including clauses that will make your prenup void – in your prenup, you cannot include matters about child custody or child support stipulations. This will make your prenup void.
- Protecting yourself – with a lawyer by your side, when you are drafting your prenup, you ensure your rights are protected in the case of a divorce. You protect your assets and yourself. Otherwise, the prenup may be unfair, and you may lose more in the divorce.
Benefits of Hiring a Lawyer for a Prenup
Investment in a prenuptial agreement can benefit many Californian couples as it can avert future difficulties and legal disputes. For example, prenuptial agreements are highly advantageous when one spouse is substantially wealthier or more indebted than the other.
Prenups are also helpful for couples that do not have a huge wealth disparity between them, as it helps them outline their financial goals and expectations. Some benefits of hiring a lawyer for a prenup are:
- Ensuring legal compliance and avoiding future disputes – lawyers guarantee that both parties know their financial obligations and expectations by offering protection and clarity.
- Protecting your interests and ensuring fairness in the agreement – on one hand, prenups protect the interest of the person who brings significantly more into the marriage, but they also protect the other person.
- Ensuring the prenup is enforceable in court – the most significant benefit of having legal counsel is that the lawyer will ensure everything is legally enforceable. You will not have to worry about your prenup being potentially thrown out of court.
Lawyer’s Role in Reviewing a Prenup
Can a prenup prevent alimony in California? That’s possible only if stated in the prenuptial agreement. A prenup can handle concerns, including spousal support (alimony), inheritance rights, and property allocation in the event of divorce.
In your marital agreement, you and your future spouse may agree you are waiving the right to seek alimony in case of a divorce. This will be enforceable only if the person waiving their support rights has their legal counsel when signing the prenup and does so voluntarily.
A separate lawyer for each party can review and explain all the terms to ensure fairness and avoid conflicts of interest. Without a lawyer, both parties are at risk in the event of a divorce.
Your lawyer will ensure that every stipulation and matter included in the prenup is lawful and fair to both spouses.
Conclusion
As you can see, the answer to do you need a lawyer for a prenup in California is a resounding yes. A lawyer will make sure you and your future spouse are both protected and that the premarital agreement is fair to both parties.
If you have more questions or are ready to take the next step in preparing your prenup, contact Moore Family Law Group today!