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Divorce and Prenuptial Agreements

A prenuptial agreement (prenup) can help prevent a difficult divorce.  Even though it may seem pessimistic to create one, they can actually help reduce the marital stress which leads to divorce. A prenup is a contract between two people who are planning to marry, that establishes how property and debts will be handled and divided in the event of divorce, and in some cases addresses spousal support. A prenup must be created properly or it is not valid and enforceable. San Jose divorce lawyer Madan Ahluwalia can help you create a valid prenuptial agreement, or help you if you believe that your spouse is trying to enforce and invalid prenup against you.

Validity of Prenuptial Agreementsattorneys fees divorce

In order to be valid and enforceable a prenuptial agreement must be entered into voluntarily by both parties. The party presented with the prenup must be represented by an independent attorney or must acknowledge that they were advised to seek independent counsel and chose to waive that right.

Provisions regarding certain issues are unenforceable in a prenuptial agreement, under California law, including:

  • Child custody
  • Child support
  • Religion
  • Infidelity

There are other strict rules for creating an enforceable prenuptial agreement. Your San Jose divorce lawyer can guide you through the process.

To learn more about San Jose family law, please call San Jose divorce lawyer Madan Ahluwalia of Ahluwalia Law P.C. (408) 416-3149 or contact us online today.