Prenuptial Agreement Review Services
By Henry F. Lewis on December 08, 2018
Couples considering marriage should seriously consider making a prenuptial agreement before the wedding. This contract between spouses helps protect each spouse during the marriage and, in the event of a separation or divorce, after the marriage has ended. A prenuptial agreement is a way to disclose the assets and debts each spouse owns prior to the marriage, and to outline the various responsibilities each spouse will have during the marriage.
Experienced Oakland, CA family law attorneys Michael A. Gardner and Henry F. Lewis have helped numerous clients in the creation and review of prenuptial agreements. The work of a good lawyer can be crucial for fairness for each spouse. Right now, the lawyers of Gardner & Lewis LLP would like to consider some aspects of prenuptial agreements and why attorney review and assistance is so essential.
Defining Separate and Marital Property
When creating a prenuptial agreement, spouses can name separate property and marital property during their marriage. This is important for matters of inheritance, existing real estate holdings, and other assets that a person owns prior to getting married.
Considering a Spouse’s Debt
In addition to separate and marital assets, prenuptial agreements can help ensure a spouse’s debt remains their own during the marriage. This is particularly important to consider if a spouse carries substantial debts.
The Issue of Maintenance
Maintenance during a marriage could refer to assets provided for certain duties in the relationship, such as childrearing. This is an important aspect to consider if a spouse is giving up their career to be a homemaker. Additionally, maintenance in the event of a divorce can also be detailed in the prenup.
Children from a Previous Marriage
While prenuptial agreements cannot address issues of chid support or child custody for unborn children, any children from a previous marriage who are minors may be considered in the prenup. These provisions ensure that they are cared for in the marriage or in the event of a divorce.
Is My Prenuptial Agreement Valid?
A prenup may not be valid if there was no written agreement, a spouse was forced/coerced into signing the prenup, there was no time to properly consider the content of the prenuptial agreement, the information is incomplete, or if both parties did not sign the agreement.
How a Family Law Attorney Can Help
Having a lawyer review your prenuptial agreement helps ensure that you understand everything that is outlined. This service also helps note any potential for unfairness or disparities for each spouse given the language. With family law attorneys present, each spouse will be able to be on the same page before the marriage takes place, with a full understanding of what the agreement entails.
Should I Get a Separate Lawyer Than My Spouse?
It’s a good idea for each spouse to hire their own attorney when the prenuptial agreement is drafted and reviewed. This improves fairness and prevents imbalances in the agreement. If the couple does not hire separate lawyers, the court will often take a closer look at the agreement to make sure that each spouse understands what is contained therein.
Learn More About Prenuptial Agreements
For more information about your legal rights and options in marital matters such as prenuptial agreements and divorce, be sure to contact our team of family law attorneys. Gardner & Lewis LLP is here to help. You can reach our office by phone at (510) 451-4822.
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“The needs of your family are always at the forefront of our legal services. Whether through litigation or mediation, we believe that reaching a fair, efficient solution with minimal negative impact to your family is of the utmost importance.” Henry F. Lewis