Thursday, August 28, 2014

The Importance Of Working With A Prenuptial Agreement Lawyer San Francisco CA

The Importance Of Working With A Prenuptial Agreement Lawyer San Francisco CA

By Marlene Blevins


A prenuptial contract is created by individuals who want to get married. Typically, this agreement contains information about all the properties that both parties own and their debts. It also clearly identifies the property rights of both parties after marriage. The division of liabilities and assets is also specified in this contract and if one partner will receive spousal support after a divorce.

Prenuptial agreements are legally enforceable and they become effective after couples get married. They can only be revoked or amended if the married couple comes up with a different agreement. It is crucial to hire an attorney when creating this contract. By hiring a prenuptial agreement lawyer San Francisco CA residents can create a contract that is fair for both of them, contains their individual wishes and abides by state laws.

The advantage of a premarital contract to both parties is that helps them avoid high litigation costs, protect family and business assets and protect themselves against creditors. It also helps couples set child custody and support guidelines. The other reason for making a prenup is to predetermine the disposition of property.

This contract can also define if a particular asset belongs to you, your partner or both of you. It can also make sure that all your children inherit certain property if you or your partner dies. The financial responsibilities within your marriage can also be defined in a premarital contract.

It is important to hire separate prenuptial agreement attorneys to represent your interests. This will lower the risk of a court declaring that your contract is invalid. Even if you are not required to have separate legal representation, a court may take precautions before it enforces a contract that was signed by a person who did not hire his or her own attorney. It can declare the prenup to be invalid especially if it appears to be unfair for the partner who did not hire a lawyer.

Before they draft a prenup with an attorney, couples should clearly understand what should be included in the contract. It is wise to create an outline of the terms so that the agreement can be fair for both parties. Both parties should also report their assets and income fully to satisfy the requirement that each party discloses his or her finances fully.

When you hire an experienced attorney, he or she will inform you about the things you should not include in the contract. Normally, a provision that involves nonmonetary matters or violates public policy cannot be included in the contract. Therefore, courts refrain from enforcing any provisions that place a limit on child visitation or child custody rights, child support or using financial incentives to pressure a partner into accepting divorce. They also refrain from enforcing conditions like the number of children the married couple will have or how they will divide household chores.

It is advisable to hire a lawyer who is experienced in drafting premarital agreements. You can find such an attorney by seeking referrals from your friends and relatives who have made a premarital contract before. Make sure that you ask your attorney to clarify anything you are unsure about.




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