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The most common misconception about pre and post nuptials is that all people have to do is have an agreement in writing and that is enough to be valid. In reality, there are very specific rules which govern prenuptial and postnuptial agreements. The agreement must be reviewed by an independent attorney within a certain period of time and there has to be full disclosure of both parties’ assets.
The most important thing during a divorce is to make sure you have a good copy of the prenuptial agreement, signed by both parties. You need to have it reviewed to make sure that it is compliant with the law. One thing to remember is that spousal support is almost always at issue because it’s against public policy to give that away, absent a compelling interest. Child support is never negotiable, as child support belongs to the child.
It is important to have an attorney with specific knowledge because there are several nuances with the ability to make a prenuptial or postnuptial agreement invalid. You need someone who has experience in dealing with these agreements and the knowledge of what the requirements are. They’re reviewing it against the most current standards of the law, as created by the legislature and affected by case law.
The most important reason you should hire an attorney for your divorce is that you cannot afford not to do so. Many times, people come to me after the damage has been done, telling me they couldn’t afford an attorney. You have to have someone who has knowledge about the law and has an objective view of the case. When you handle the case yourself, it is clouded by your opinion and your personal experiences. The judge doesn’t have the paradigm that the parties are living in to affect his way of thinking.
By having an attorney who is collecting that data and can properly present it to the judge, you get all of the information that’s needed to make a fair decision and it’s not clouded by emotion. You have to have an objective person on the outside, who has the skills and the knowledge necessary to make sure that your rights are protected to the fullest.
A divorcing person with pre or post nuptials should do the same thing that everyone else who is divorcing should do. First, gather all of the documents. When you’re living together, these documents are being shared, but when one person moves out and takes the documents, you no longer have access. You should get copies of all of the documents that you think you would need relating to the prenuptial proposed nuptial agreement, including financial disclosures, tax returns, bank statements, investment accounts, custody agreements, and any statement that would substantiate your claim.
Sometimes, parties are trying to work things out for months or even years and they have written agreements on how they are going to be taking care of the kids. Those agreements can be continued and enforced down the road in a divorce case. If it works for the children, then the judge is likely to continue it. The biggest thing to do in preparing for a divorce is to gather documents and secure them.
For more information on Misconceptions on Pre And Post Nuptials In CA, a consultation with an experienced California Divorce Lawyer is your next best step. Get the information and legal answers you are seeking by calling (916) 685-7878 or by filling out our convenient online contact form today.
Mr. Cianchetta is an OUTSTANDING attorney. I was a little nervous about seeing an attorney for my case. Mr. Cianchetta and his staff made my wife and I feel right at ease. He took extra time explaining what to expect before, during and after our process. His advice was right on!
- Jack M.
