Legal Question in Family Law in California
Prenuptial Agreement Created Without Attourney
My friend used an online template to create a prenuptial agreement and then printed it. Both spouses signed the agreement with a notary. However, an attourney was not involved in the drafting or signing of the agreement.
Is this agreement valid and enforcable? If not, can the agreement have any effect on a legal divorce?
2 Answers from Attorneys
Re: Prenuptial Agreement Created Without Attourney
Any waiver of spousal support is invalid if the waiving party was unrepresented. The balance of the agreement may or may not be valid, depending upon the circumstances. You need to consult with an attorney. I offer free consultations and my rates are very reasonable.
Reply: Prenuptial Agreement Created Without Attourney
In a general sense, using an online template for something as important as a prenuptial agreeemnt is not a good idea. To determine if the agreement is valid and complies with the California Family Code and cases, it would have to be reviewed by an experienced family law lawyer.
For a specific opinion regarding your friend's individual circumstances, I suggest that your friend consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You and your friend will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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