San Jose California Premarital Agreements Package

State:
California
City:
San Jose
Control #:
CA-P035-PKG
Format:
Word; 
Rich Text
Instant download

Description

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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FAQ

California requires that both spouses who wish to enter into a prenuptial agreement seek independent counsel prior to entering into the agreement. If a party does not wish to seek independent counsel, they must expressly waive that right in writing after being fully informed of that right.

Be a written contract?no verbal agreements. Have lawful terms within the prenup. Include the signatures from both parties. Must be signed voluntarily (can't involve coercion, duress, intimidation, or deceit)

One California firm says the average prenuptial agreement its attorneys write costs between $2,000 and $6,000 per person. Some charge a set fee; many charge by the hour.

California's Prenuptial Agreement Law In California, individuals can draft their prenups. However, without a legal background, it is easy for the prenuptial agreement to be invalidated.

A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.

Do Prenups Need to be Notarized? There is no law in California that requires this (except if the agreement transfer real property). However, notarizing establishes the identity of the signer. Most people will not sign a document and then later claim to NOT have signed it.

In California, both parties don't have to be represented by an attorney before signing a prenuptial agreement. However, the non-represented spouse-to-be must sign a written acknowledgement that he or she was advised to get a lawyer but has chosen not to.

Under California law, the final form of the document must be in the hands of each party at least 7 days prior to signing the document. You must sign your premarital agreement in the presence of a notary in order to be valid. Most attorney offices provide notary services.

The law does not allow a couple to include any terms regarding child custody, visitation or support in a prenuptial or postnuptial agreement. This is because a judge will make these decisions in a divorce case based on the child's best interests.

The UPAA (California's Uniform Premarital Agreement Act) outlines the abilities and restrictions of prenups in this state. The law allows couples in California to draft their own prenuptial agreements. However, if they aren't completed correctly, the contract can easily become void or invalidated by a judge.

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San Jose California Premarital Agreements Package