Prenuptial Agreements​ in Fairfield, Hayward, and San Jose

Even if most people who get married do not anticipate their union ending in divorce, it is true that some unions will not last. In these situations, having a premarital agreement can help the parties avoid spending a substantial amount of time, worry, and money trying to decide who will keep what assets. However, a prenuptial agreement will only be regarded as legitimate if certain conditions are met. It is crucial to choose a skilled family law attorney who can make sure that all legal standards are met in order to ensure that your premarital agreement is properly established.

Prenuptial agreements must be in writing and signed by both parties in order to be legally binding in California. However, these agreements will only be enforceable if the parties were competent to enter into them. Even if an agreement is reduced to writing and is duly signed, it will not be enforceable if the party against whom its seeking enforcement can demonstrate that she or he did not execute the agreement voluntarily or that the agreement was unfair at the time it was signed, or that before it was executed, he or she:

Did not receive the other spouse’s complete financial information.

Did not have at least seven days to review the agreement.

Was not represented by independent legal counsel (unless he or she expressly waived the right to representation).

If you are looking for help with this any other legal issue contact us in KKG Law Offices.

You can call us to  510-255-0993 or 707-241-3036