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Prenuptial Agreements in California

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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

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Should You Represent Yourself in California Civil Court?

If you are sued or need to sue someone, then you need to hire a lawyer or an attorney to help you. However, you do have the right to represent yourself in California Courts.   You can sue and defend on behalf of yourself as an individual, a partnership of which you are a partner, or your business, if you are the sole owner.

If you are suing or being sued for less than $7,500, then you should consider representing yourself in small claims court, where the jurisdictional limit is $7,500 for individuals and $5,000 for businesses.  In fact, attorney representation is not allowed in small claims court.  If the amount in dispute is more than $7,500, then depending on the complexity and expense of your case, you may want to consider suing for less than the amount in dispute to avoid incurring attorney’s fees.

The upside of self-representation is pretty straightforward–You can save a lot of money on attorney fees.  Unfortunately, the downside of self-representation carries a lot of risks, and if you don’t know what you are doing you can really damage your case, and often times the damage can be irreversible.

If you really need legal counsel, but cannot afford full legal representation, one middle-of-the- road option is what is called Limited Scope Representation or Unbundled Legal Services.  This is when a Civil Litigation attorney or Divorce attorney only helps you on a particular aspect of your case, or makes a court appearance on your behalf.  This kind of service is best used for uncomplicated cases.

Remember, most lawyers’ first legal consultations are either free or are priced at a reasonable cost whether you decide you represent yourself or hire an attorney.  These are get-to-know meetings. Hiring experienced Civil Litigation attorney or divorce lawyer can take away a lot of stress and give you peace of mind.  If you are representing yourself and find yourself in a bind, don’t be afraid to reach out to an attorney before it’s too late!

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

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