A previous post on this blog discussed how a couple can create a prenuptial agreement that will be recognized as valid and enforceable under California law. As that post stated, one of the important things each person who is signing the agreement needs to remember is that both parties really need to be represented by their own attorney when negotiating a prenuptial agreement.
One of the services our law office offers is the drafting and review of prenuptial agreements. When it comes to drafting the agreement, aside from making sure it is legal, we also work hard to ensure that it is both complete and clear.
In other words, we do not simply rely on a template agreement and fill in the blanks; instead we take the time to really understand our client’s goals and also investigate exactly what property they own and owe. That way, we are able to be sure the agreement covers all loose ends.
We also work hard to make sure the agreement is drafted in such a way that no one can argue about or misunderstand how property will be managed during a marriage or how it will be divided in the event of a divorce or, for that mater, the death of one of the spouses.
When it comes to reviewing an agreement for the person who did not draft it, we take the time to be sure to understand exactly what the agreement means and, if it is not clear, we will ask for revisions. We also will make sure our client understands exactly what rights he or she is giving up, and what benefits he or she might get, by signing a prenuptial agreement.