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Why an attorney is a prenuptial necessity

Just as with any type of legally enforceable contract, there is a lot to consider when it comes to prenuptial agreements. Of course, signing one, and understanding it are two very different things. Even though, in the state of California, a court will inevitably decide if the contract is valid, entering into one should take a great deal of consideration and the knowledge of an experienced attorney.

If you are considering a prenuptial or have been asked about one, chances are you know the basics. It can outline certain distinguishing financial characteristics, as well as marital responsibilities. It cannot, however, make stipulations on child support, alimony or personal matters. Inevitably, what you and your spouse choose to include in your prenuptial agreement should be fully understood between the two of you.

For a court to consider the prenup as a legally enforceable contract, both parties need to have a full understanding of the terms and their consequences and also must enter into it willingly. It is not completely uncommon for a trusting spouse to agree to the terms of a prenuptial without understanding what the financial ramifications may be.

In the event that the validity of a prenuptial agreement comes into question, arguing its fairness may not be an easy task. To avoid that situation, it is often best for both parties to get the advice of a legal professional, before signing or agreeing to a prenuptial. With professional help, spouses can be assured that the terms, conditions and consequences of the agreement are fair, fully understood and legally enforceable.

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Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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