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:

In addition, if the prenup was agreed to after 2002, the agreement must conform to the following:

A Los Gatos, CA Divorce Attorney Can Evaluate Your Prenup Agreement

There are many other ways a prenup agreement may be invalidated. A Los Gatos prenup lawyer will review the agreement and the facts surrounding your marriage looking for any deficiencies that you may want to raise or that you may need to defend against.

Contact the experienced Los Gatos divorce attorney at the Ventresca Law Firm at 408-395-8822 to schedule your initial consultation. We accept clients in the Los Gatos, Sunnyvale, Saratoga, Cupertino, and San Jose areas.

 

Source:

http://www.uniformlaws.org/shared/docs/premarital%20and%20marital%20agreements/2012_pmaa_final.pdf