Prenuptial agreements (also now as Pre-Marital Agreements) are versatile tools which sound simple but do have many particular nuances. The prenuptial agreement allows spouses to make critical decisions on key financial details before the marriage begins including issues such as the division of property, spousal support that will be awarded should a divorce occur, and can be used to protect a spouse's assets or children from a prior marriage should the marriage end in divorce or because of the death of one spouse.
The current version of California's Premarital Agreement Act is contained in Family Code Sections 1600-1617. Family Code Section 1615 places on the party seeking to avoid enforcement the burden of demonstrating that the agreement was involuntary. (In Re Marriage of Bonds (2000) 24 Cal. 4th 1, at 37.)
Many formalities must be followed to make sure that such agreements are not later declared "void" by a court. For example, all prenuptial agreement executed after January 1, 2002 are deemed to be involuntary and therefore unenforceable unless the court finds that all of the Section 1615 requirements are met.
At Ginzburg & Bronshteyn, APC, we assist clients in negotiating and drafting Prenuptial Agreements to make sure that all of the legal formalities are properly followed. We provide our clients the peace of mind that they are protected should marriage end. To arrange a consultation to discuss your Prenuptial agreement, please contact our office today at 310-914-3222 from Los Angeles or 714-280-0601 from Orange County.