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What is a Prenup?

A prenup or a Prenuptial agreement is simply an agreement between two people about what they are walking into the relationship with and what they will leave with if things don't work out.  They make divorces much easier and cheaper because there is less negotiation between opposing attorneys if things don't work out.  They also define the assets distribution in the case of death of one of the spouses pre deceases the other.
Prenuptial agreements are becoming more and more popular in modern weddings.  Unlike the old Prenuptual agreements the modern way is very streamlined and does not necessarily have to involve a lawyer.  

These State specific forms help clarify and communicate intention and actually save the couple much time and money spent on attorney fees later.  This package can be used by persons who have been previously married, or by persons who have never been married. It includes provisions regarding the contemplated marriage, assets and debts disclosure and property rights after the marriage. The forms describe the rights, duties and obligations of prospective parties during and upon termination of marriage through death or divorce.

     These forms are often used by individuals who want to ensure the proper and organized disposition of their assets in the event of death or divorce. Among the benefits that prenuptial agreements provide are avoidance of costly litigation, protection of family and/or business assets, protection against creditors and assurance that the marital property will be disposed of properly.

Included in your package are the following forms:

1. Prenuptial Premarital Agreement without Financial Statements;
2. Amendment to Prenuptial or Premarital Agreement;
3. Financial Statements only in Connection with Prenuptial Premarital Agreement;
4. Revocation of Premarital or Prenuptial Agreement

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Things to consider when delivering a prenup...

Prenups save you time money and stress should you ever need them.  In this day and age of blended families it is good to clarify intentions of all paries from the outset.  if you marry a man who refuses to create a will (Trust me many men think they have plenty of time and will live forever.)  A prenup can clarify property disposition before the marriage which may drastically affect your tax situation in case of his death.  There are different rules in different jurisdictions but consider this:

In California, premarital agreements must conform to California Family Code § 1615.   In order for an agreement to be valid ALL of the following factors must be met:

The parties must execute/sign the agreement voluntarily. If a party is coerced into signing the agreement, then it would not be voluntary.  The agreement must not be unreasonably unfair to either party.

Both parties must be provided a fair, reasonable, and full disclosure of the property or financial obligations of the other party. If it is found that a party did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party, the party may seek to invalidate the agreement based on the non-disclosure of the other spouse.

Both parties must voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.

Both parties must be represented by independent legal counsel at the time of signing the agreement or, after being advised to seek independent legal counsel, expressly waived, in a separate writing, representation by independent legal counsel.  This means that each person should have their own attorney review the agreement prior to the time that they sign the agreement. If they choose not to have an attorney review the agreement, they must state in writing that they do not wish to have their own attorney.

Both parties must have at least seven calendar days between the time they are shown the agreement and advised to seek independent legal counsel and the date that they sign the agreement.  If you attempt to present your future spouse with the agreement the night before your wedding, then it will likely be deemed to be invalid.

The parties must be fully informed of the terms and basic effect of the agreement as well as the rights and obligations he or she was giving up by signing the agreement, and was proficient in the language in which the explanation of the party’s rights was conducted and in which the agreement was written. If one spouse does not read or write English, the agreement must be provided in their native language.

The explanation of the rights and obligations MUST be in writing and the writing must be delivered to the party prior to the time that they sign the agreement. The  party shall, on or before the signing of the premarital agreement, execute a document declaring that he or she received the information required by this paragraph and that document must clearly state who provided that information.

The agreement and the writings executed pursuant must not be signed under duress, fraud, or undue influence, and the parties did not lack capacity to enter into the agreement (meaning they were of the proper age and mental capacity to sign the agreement.These are the highest standards you will be held to rules may differ in different states but they are very much based on common sense so don't try to get away with anything by sliding by certain requirements. Show your future spouse the respect of giving them every opportunity to consider their future with you.