Premarital Agreements: What’s Good to Know?

Tuesday, August 28, 2018 | 9:18 pm

You want to be protected, and maybe you think you will be, but is your prenup ironclad? Let the experts lay it out for you.

Donald-P.-SchweitzerAttorney Donald P. Schweitzer believes there are two things to take into consideration when thinking about premarital agreements. The first is the date on which the agreement was signed and the second is what the court will consider when deciding whether to enforce your prenup.

What you may not realize is that the law surrounding prenups has changed several times over the years. And this unfortunately means different rules for different couples.

If your premarital agreement was signed in 2018, the law would have been different to one signed in 1998 and even one in 1988, explains Donald.

The date part is pretty easy to understand but what about the factors that the court will consider? Well, these all incorporate matters of common sense, says Donald, who explains each further in this video:

One of these is to check whether the agreement was signed knowingly, intelligently and voluntarily. If there was any pressure such as one person being given a prenup to sign right before their wedding day, this will be looked at and considered.

Another thing that the court will look at is whether both parties fully disclosed all of their assets and debts at the time of signing the prenup. Note that if there is any discrepancy here, the court may decide that your premarital agreement is invalid.

If you suspect that your prenup may not be enforceable, Donald says that there are a couple of things you can do. You can opt to sign a postnuptial agreement. As its name suggests, this is an agreement that married people enter into after their wedding has taken place. You and your partner can decide to keep the terms of the original prenup, change them slightly, or write a completely new one.

The other option is to consult with Donald. Through his family law experience, he can tell you whether your premarital agreement is likely to stand up in court. If it won’t, he can advise why so you can rectify the matter.

You may never have to enforce your premarital agreement. But if it does happen, you may want to ensure that everything is in order so the court decides in your favor. That’s exactly why it’s best to visit a professional attorney rather than trying to do it all yourself.

The Law Offices of Donald P. Schweitzer are located at 201 South Lake Ave Ste. 800, in Pasadena. For more information call (626) 683-8113 or visit http://www.pasadenalawoffice.com/.

 

 

 

 

 

 

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