Posted on May 6, 2019 in Prenuptial Agreement
Should my fiancé have an attorney to sign our premarital agreement?
The importance of each party being represented by their own attorney is essential. This allows both parties to become informed about their rights and obligations. Premarital agreements set forth rights to property and support – which may greatly alter ones legal rights absent an agreement.
In order to ensure the parties voluntarily entered into the agreement, California Family Code Section 1615(c) requires the court to make a determination about the steps parties took to seek independent legal counsel. When one party is asking the Court to enforce the terms of the agreement, they must show that the other party was either (1) represented by their own attorney when they signed; or (2) after being advised to have their own attorney they expressly decided against it in writing.
You probably won’t get away with a spousal support waiver if the party giving up alimony did not have an attorney sign the prenup.
A premarital agreement is a contract between two parties executed in anticipation of marriage. At its heart, it is a contract. Contract terms may not always be intuitive and some of the language in a premarital agreement is necessary to protect the parties’ interests.
When both parties are represented by their own attorney, it supports the idea that both parties understood the premarital agreement and the effect. When one party is not represented there is a greater risk that the agreement, or a portion of the agreement, will be found invalid.
If you have questions about your premarital agreement or your family law case in general, contact Scott & Matteson by calling (858) 974-4900.