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California divorce attorneyA misconception exists that the mere mention of a prenuptial agreement will somehow derail the harmony and happiness of one’s engagement period. The world has changed, however – drastically so. Even twenty years ago, Internet dating was regarded as inauthentic and inferior to meeting “naturally” in a coffee shop, grocery store, or student union. In 2017, we embrace information.

Modern couples can share information about their financial past, present, and future – putting everything in plain sight – and then working a with an experienced Los Gatos, SaratogaCupertino prenuptial agreement attorney to create and give legal effect to a premarital agreement that makes clear the intentions of each party.

When a Significant Wealth Disparity Exists, a Premarital Agreement May Be Wise

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Posted on in Divorce

California divorce lawyerIf you are going through a divorce in the Santa Clara County and have signed a prenuptial agreement, you may wonder how it will affect your proceedings. In many cases, prenups simplify the divorce process, as these agreements dictate how property will be divided. Property division can be one of the most contentious aspects of divorces.

However, there are many requirements a prenup agreement must meet in order for the court to enforce it in full, as written and signed by the parties. If you seek to invalidate a prenup agreement, it is important to be aware of common mistakes that can be made. If you seek to enforce a prenup agreement, it is critical to identify weaknesses in the agreement and formulate a defense as to why the contract should be enforced.

In general, California follows the Uniform Premarital Agreement Act (UPAA), which is a set of recommended laws adopted individually, in whole or in part, by states across the country. Some of the requirements and prohibitions found in UPAA include:

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