Sacramento Prenuptial Agreement Lawyer

Sacramento Prenuptial Agreement Attorney

No one walks down the aisle knowing that their marriage will one day end. Yet, the truth is that many marriages lead to divorce, and it can be vital to prepare for any outcome and protect your assets. Prenuptial agreements can have a negative stigma attached to them or be viewed as unromantic. However, these legally binding documents can work in your favor and help protect what you have worked so hard for. A Sacramento prenuptial agreement lawyer can offer support.

At the Law Offices of Dianne M. Fetzer, our team has over 70 years of combined experience, and we are ready to discuss all legal options regarding prenuptial agreements with you and your spouse-to-be. While these conversations may be awkward, having a prenuptial agreement in place can help save stress, trouble, and heartbreak should a divorce arise. Our divorce attorneys in Sacramento are committed to offering you the provisions and advice necessary to draft a valid document.

Defining Prenuptial Agreements in Sacramento, California

In 2023, California saw a divorce rate of 7.45%, meaning that out of every 1,000 people residing in the state, 75 of them had gone through a divorce at some point during their lives. Establishing a prenuptial agreement can prove to be a solid strategy and help you retain the assets you have worked to obtain. A Sacramento prenuptial agreement can outline how all debts or marital assets will be divided in the event of a divorce.

In Sacramento, the basic legal requirements for a prenuptial agreement to be deemed valid include the following:

• Both parties entering into the agreement must be mentally competent enough to consent to the agreement.
• Both parties must consent to the formation of the agreement.
• If one of the spouses is not a native English speaker, the prenuptial agreement must be translated into their native language before they can offer their consent.
• In the creation of a prenuptial agreement, both parties involved need to have their own legal counsel and representation. They could waive their right to counsel, but only if they fully understand the potential impacts of waiving this counsel.
• The prenuptial agreement could become invalid if either party gave their consent only due to fraud or a mistake.

If you believe a prenuptial agreement might be right for you, the team at the Law Offices of Dianne M. Fetzer is here to support you and guide you through the drafting and legalizing process of your agreement.

When to Consider a Prenuptial Agreement

It is a common misconception that only the wealthy need to consider a prenuptial agreement. While these agreements are typically more popular among individuals of the upper class, they can be a good idea for several reasons, no matter your socioeconomic status. You may wish to consider a prenuptial agreement if any of the following scenarios apply to you:

• You own a business or corporation.
• You own assets of considerable value, such as a home, stocks, retirement funds, or real estate.
• You will be receiving a sizable inheritance at some point in the future.
• You are the parent to children from a previous marriage.
• You hold a higher amount of wealth than your spouse-to-be.
• You will most likely see a drastic increase in your income in the future.
• You are hoping to enter an employment field that can be incredibly lucrative, such as the medical field.
• You have family members or loved ones who look to you for forms of support or assistance.

At the Law Offices of Dianne M. Fetzer, we can review your life circumstances and help you determine if a prenuptial agreement is right for you.

The Benefits of a Sacramento Prenuptial Agreement

There can be several benefits to the establishment of a prenuptial agreement. Some of the largest advantages to these legal documents include:

• The ability to have candid conversations regarding finances with your future spouse.
• In the case where your marriage does end in divorce, having a legally binding prenuptial agreement in place can make the entire process of divorce much easier.
• If a marriage suddenly ends due to an unexpected death, your prenuptial agreement can serve as a kind of will.

FAQs

What Is the Average Cost of a Prenuptial Agreement in California?

It can be difficult to offer an exact number as to the average cost of a prenuptial agreement as there are several factors involved in these cases. These factors can include the fees involved in hiring a family attorney and filing your agreement with the courts, along with the assets involved in the agreement and other provisions you may wish to include in your agreement.

What If My Future Spouse Does Not Agree to Change the Provisions of a Prenup?

If your future spouse does not agree to change certain aspects of a prenup, the agreement can only be canceled or amended if you are able to prove that fraud was committed during the execution of the original document, if the terms of the agreement are one-sided, if the provision you wish to amend is deemed unenforceable, or if you entered into the agreement under duress.

Can A Prenuptial Agreement Be Changed After Marriage in California?

In California, you and your spouse may wish to change or amend certain aspects of a prenuptial agreement. These changes can occur at any time as long as both you and your spouse agree on the revisions or changes. These changes can only be made in writing and must receive the signatures of both parties involved.

What Is the 7-Day Rule for Prenuptial Agreements in California?

For prenuptial agreements executed on or after January 1st, 2020, California now mandates both individuals involved in the agreement wait at least seven days before signing the agreement in order to review all the provisions laid out in the document. If the document is signed before this seven-day waiting period is up, the state will consider the prenuptial agreement invalid.

Sacramento Prenuptial Agreement Attorney

If you are planning on getting married in Sacramento, the team at the Law Offices of Dianne M. Fetzer wants to extend our heartfelt congratulations and our legal services if you decide that a prenuptial agreement is right for you. Contact our offices today to learn more information and to schedule a consultation with our attorneys.