If a couple who is seriously considering marriage, they may want to have a prenuptial agreement written. There are many reasons to get a prenuptial agreement in California, may be the couple have a large number of assets and need to decided what to do with them in the event of a divorce. It can be difficult to think of marriage like a business agreement instead of a romantic union, but sometimes it needs to be done.
In San Jose California, getting a prenuptial agreement can be a daunting process and it is recommended that each party get their own attorney to assist them. There are four elements in a prenuptial agreement that must be met to make the agreement be enforceable.
The four elements are:
- For the party to whom the prenuptial agreement is against, it is advised to have their own attorney present at the signing or the waiving of the attorney must be in a separate writing that both parties sign.
- There must be a seven day waiting period between the presentation of the prenuptial agreement and the signing of the agreement for the party for whom the agreement is brought against.
- If the party who the prenuptial agreement is brought against, does not have their own attorney, the prenuptial agreement must be explained to them so they understand all of it. They must know of all the rights and obligations they are giving up.
- The prenuptial agreement must not be signed under duress, as a fraudulent act, under undue influence and each party must have the capacity to enter into such an agreement.
Prenuptial agreements in San Jose California are enforceable upon start of the marriage and can only be changed or revoked with a written agreement from both parties. If all four elements are met, the prenuptial agreement is enforceable without consideration.
Ready to Fight For Your Legal Rights
We understand that your legal matters are critically important. The decisions your attorney makes can seriously impact you and your family’s future. Our comprehensive, affordable and aggressive legal representation ensures that you are in the best hands. We know the law and will do everything in our power to help you win your case.At Ahluwalia Law P.C., we meet with you to understand your legal issues, determine if you have a case, perform the necessary due diligence, gather evidence, and if necessary represent you in court. We’ll uncover all the facts and fight for you to the end.
Have a specific question about your legal case? Learn about all the professional legal services we offer. We serve San Jose, Santa Clara, Cupertino, Los Gatos, Saratoga, and Sunnyvale as well as the surrounding Bay Area counties including Santa Clara, Alameda, San Mateo and Contra Costa.
Ready to find out more? Questions? Contact us today. Be sure to see what our clients are saying about us.
Ahluwalia Law P.C. – Representing You & Fighting for Your Legal Rights
Follow Us!