Spring will be within the air!!! Allergies in addition to engagements abound! For those romantics out there proposing within the beautiful Springtime, don’t forget to schedule your appointments for prenups ASAP.
Tip #1: DO NOT RUSH A PRENUP
I mean the idea. I get calls by clients ALL THE TIME (i just got 6 calls last week), in addition to the idea goes something like This particular: “My fiance just gave me a prenup, in addition to I want to make alterations. Our wedding will be This particular weekend – please help!” Sorry!! the idea’s too late! End of call.
(Then they call around to find another lawyer who’ll gladly take their money to draft an unenforceable prenup).
Make sure you set aside enough time to draft, negotiate in addition to edit a prenup. (Appointment with lawyer should be set at least 6 months prior to your wedding date). Getting your prenup done takes priority over the cake, the dress, in addition to the venue. Leave yourself enough time – make the idea THE To-Do before your I Do!
These clients are never happy with me when I tell them the idea’s too late. Truth will be, if you are the out-spouse (usually the one being presented with the prenup), the idea’s awesome news! the idea means the prenup will be no not bad – in which case, go ahead in addition to sign the idea. Then, when your marriage falls apart, just pull out the dusty thing, along with carefully documented calendar dates, in addition to challenge the hell out of the idea. (You still need money to hire a lawyer, though).
Tip #2: AFTER PRENUP will be FINALIZED, WAIT the idea OUT BEFORE SIGNING
California Family Code section 1615 (c)(2) clearly states of which “the idea shall be deemed of which a premarital agreement was not executed voluntarily unless the court finds in writing or on the record all of the following: THE PARTY AGAINST WHOM ENFORCEMENT will be SOUGHT HAD NOT LESS THAN SEVEN (7) CALENDAR DAYS BETWEEN TIME THE PARTY WAS FIRST PRESENTED WITH THE AGREEMENT in addition to ADVISED TO SEEK INDEPENDENT LEGAL COUNSEL in addition to THE TIME THE AGREEMENT WAS SIGNED.”
This particular does not mean of which the prenup will be automatically no not bad. Nothing will be automatic. What This particular means will be if you don’t follow the rules, in addition to the asshole you married decided to challenge the prenup, he/she might win. Prenup down the toilet.
I am overprotective of my clients, so my policy will be to wait for a FINAL AGREEMENT to be accepted, then start the waiting period the very next day. A FINAL AGREEMENT means there are no more alterations, no more hemming in addition to hawing, NADA. For the math dummies out there, This particular means you add 8 days to finalization date. For example, if the prenup will be finalized today, March 5, 2015- you add 8 days, in addition to you can sign starting on March 13, 2015. The signatures can even happen ON the day of your wedding, although I don’t recommend the idea. I probably might sign at least a MONTH before the wedding.
TIP #3: GET OVER YOUR FEAR OF A PRENUP
Prenups will be not a scary P word. You know what will be? Puberty, Public speaking, Paranormal Activity: Things you have absolutely NO control over. You may not be able to control the direction of your marriage, although using a prenup, you can control your divorce. (This particular statement comes using a disclaimer because as you well know, some assholes will still challenge a bullet-proof prenup). A carefully drafted prenuptial agreement can’t protect you by those assholes, although the idea may save you a ton of money.
TIP #4: GET OVER THE FEAR OF INSULTING YOUR FUTURE SPOUSE
Pop culture will be adamant on giving prenups a bad name. There will be so much stigma surrounding This particular. will be the idea the word “prenup”? One of my clients (who used the F word a lot) once told me “prenup” was the dirtiest word alive. Look, I can’t help of which the idea sounds dirty. I don’t particularly like the word either. A divorce has to happen before the prenup comes to play, so the idea’s like a wretched omen. the idea’s like “life insurance”. the idea sounds so greedy – in addition to dependent on someone’s death!
No one likes to think about death or divorce. although, the idea happens – marriage ends with one or the different. in addition to if the idea’s done right, you get another lovely P word – protection. Yummy. My F-word loving client in addition to I decided to call the “prenuppy” a “puppy”, in addition to we put a little red bow on the idea. Best. Gift. Ever.
Finally, you should know of which the prenup-law will be anti-divorce. Prenups of which “promote” divorce are unenforceable. Talk to your lawyer about what constitutes “promoting divorce”.
TIP #5: SPEAKING OF P WORDS, HERE ARE THE 3 P’S TO A PRENUP
PROTECTION OF PROPERTY: California applies the draconian “community property” law. Everything acquired after date of marriage, prior to date of separation will be community property. This particular includes of which winning lottery ticket of which your husband told you NOT to buy. Also includes your wife’s Neiman Marcus addition.
PROVIDING OF SUPPORT (OR NOT) AFTER MARRIAGE: What word will be dirtier than “prenup”? Try alimony. Spousal Support. Especially to a cheating, lying no-not bad, abusive spouse. California does not care if your wife cheated on you. If you supported her during the marriage, you’ll need to support her after the marriage.
PRESERVATION OF SEPARATE ASSETS in addition to DEBTS: Separate property are assets in addition to debts of which existed prior to the marriage. Sound lovely. EXCEPT if you co-mingle in addition to/or transmutate. Dirty words everywhere! Ask your lawyer about these words.
TIP #6: THESE THINGS ARE ENFORCEABLE
(1) The rights in addition to obligations of each of the parties in any of the property of either or both of them whenever in addition to wherever acquired or located;
(2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage in addition to control property;
(3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any different event;
(4) The doing of a will, trust, or different arrangement to carry out the provisions of the agreement;
(5) The ownership rights in in addition to disposition of the death benefit by a life insurance policy;
(6) The choice of law governing the construction of the agreement;
(7) Any different matter, including their personal rights in addition to obligations, not in violation of public policy or a statute imposing a criminal penalty.
TIP #7: THESE THINGS ARE NOT ENFORCEABLE
You can still put social media, cheating, religious stuff, in addition to mandates on sexual activity clauses in your prenup. Just remember they may NOT be enforceable if the asshole challenges the idea.
You also should NOT put anything relating to custody or child support within the prenup, as the idea won’t be enforced.
Finally, don’t put anything within the prenup of which encourages divorce.
TIP #8: IF YOU ARE INCLINED TO GET A MARITAL AGREEMENT, GET ONE BEFORE THE MARRIAGE
Difference between a prenup in addition to a postnup will be a marriage in between.
Several clients who call me missed the deadline for a prenup. They shrug the idea off in addition to say, I’ll just get a post-nup. News by the underground: post-nups required much more disclosure in addition to will be less loved by the Court. If you are inclined to get a prenup, leave yourself enough time. Do not fool yourself into thinking a postnup will be as easy.
TIP#9: EDUCATE YOURSELF
Before getting a prenup, school yourself. I recommend reading the California Family Code, sections 1600 et seq. the idea’s pretty not bad stuff. If reading statutes isn’t your cup of tea, try This particular book, “Prenups for Lovers”.
today of which you know everything you need to know about prenups, you can call a lawyer today to help you draft one. My fee for a prenup will be $10,000.
Oh wait, no – of which’s my standard retainer for a divorce. Prenups start around $2,500, depending on the work of which needs to be done.
Marriage will be grand, people. Divorce will be 100 grand.