Do You Need A Lawyer For A Prenup In California

Writing your own prenup in California is possible but risky, as it may be deemed illegal or unenforceable.

Having a lawyer for a prenup in California ensures a legal and court-valid prenuptial agreement.

Learn how to prepare, understand legal requirements, and benefit from a family law attorney’s assistance.

Do You Need A Lawyer For A Prenup In California
Do You Need A Lawyer For A Prenup In California. Source (LinkedIn)

Talk to Your Partner Before Talking to a Lawyer

Before seeking a prenuptial agreement, it’s essential to discuss crucial premarital topics with your partner.

Topics include finances, goals, property, roles, major purchases, future plans, privacy, children, and pet custody.

These discussions promote communication, trust, and alignment as you move forward with your attorney search.

Can My Partner and I Write Our Own Prenup?

In California, you can make your own prenup without needing an attorney, but it must meet legal requirements outlined in California’s Uniform Premarital Agreement Act (UPAA).

This can be challenging without a background in California family law.

The Nuts and Bolts of a Legal California Prenup

California courts enforce a prenup in divorce if it meets these requirements:

  1. The agreement remains unchanged for at least seven full days before signing.
  2. Both parties sign voluntarily without pressure.
  3. It’s a written agreement signed by both parties in the presence of a notary public.
  4. Full disclosure of assets and liabilities is made before signing.
  5. The agreement is fair and reasonable at the time of signing.
  6. Each party’s attorney reviews the agreement, especially for spousal support provisions, unless waived.

Child support, custody, frivolous requests, or divorce-promoting clauses can’t be included in prenups; such terms may render the agreement illegal or invalid in California courts.

Do Both Parties Need a Lawyer?

Both partners have the right to involve a lawyer in writing or reviewing the prenuptial agreement. If either opts not to use an attorney, they must sign a waiver acknowledging the choice.

However, it’s crucial to note that California law mandates attorney reviews for prenups with spousal support provisions.

Prenup Agreement
Prenup Agreement. Source (Reddit)

Benefits of Working with a Lawyer

Hiring a specialized family law attorney is crucial for an enforceable prenup. These attorneys understand divorce intricacies and can tailor provisions effectively. Avoid using real estate or business attorneys for prenups.

Additionally, excellent family law attorneys offer compassionate support, consider both partners’ best interests, and ensure your prenup aligns with your goals.

How Much Does a California Prenup Lawyer Cost?

California prenup attorney rates vary by location and complexity, starting around $5,000.

Costs may be higher in areas like Los Angeles and Santa Monica. Investing in a prenup can save you money, stress, and complications in a divorce, setting you up for marital success and clear asset division guidance.

Next Steps: Finding the Right Prenup Lawyer in California

A prenup offers peace of mind for your marriage. Discuss financial and future matters with your partner.

Choose an experienced family law attorney specializing in prenups, ensuring they have strong listening and communication skills to help you reach your marriage goals.