LEGAL QUESTIONS REGARDING PREMARITAL AND PRENUPTIAL AGREEMENTS
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There are lots of topics that you can choose to cover. Prenup Checklist There are also financial disclosures which need to be made - Disclosures Worksheet

You can include as much or as little as you wish as long as your financial disclosures are complete. Negotiation a premarital agreement is a very personal choice, and the agreement should be tailored to your and your fiancé's needs.

At Peace Talks Mediation Services, our mediators will make sure that you have thought about all of the options before you sign your Agreement.

California law requires that you each have an attorney to review your premarital agreement before you sign it. Your attorney will help you determine if the agreement is fair for you.

In some circumstances, you can have a valid premarital agreement without having an attorney represent you, but why take an unnecessary chance with such an important document? If it's important to do it, it's important to do it right.

Take a look at California's criteria for creating a valid premarital agreement.

At Peace Talks Mediation Services, our mediators will make sure that you have thought about all of the options and that you have all of the information you need before you sign your agreement.

Yes. California Family Code Section 1615 (c)(1) says that a court will assume that an agreement was executed involuntarily if the person against whom it is being enforced wasn't represented by an attorney.

In some circumstances, you can have a valid premarital agreement without having an attorney represent you, but why take an unnecessary chance with such an important document? If it's important to do it, it's important to do it right.

Follow this link to the California Family Code Section 1615.

Do you know who Barry Bonds is? He's a very successful and talented baseball player. In his case, the premarital agreement was upheld even though his wife didn't have an attorney to review the agreement for her. California Family Code Section 1615 (c)(1) was probably drafted in reaction to the results of this case, which now means you must each have an attorney if you want for your premarital agreement to have the best chance of being upheld.

At Peace Talks Mediation Services, our mediators will make sure that you have thought about all of the options and that you have all of the information you need before you sign your agreement.

Generally yes, premarital agreements are enforceable, provided that they were executed properly.

Follow this link to California Family Code Section 1615, which lists the requirements for agreements to be enforceable.

Waiving spousal support (alimony) has been more controversial, but the way California law stands today, it is probably valid to waive your rights to spousal support in a premarital agreement. Pendleton Fireman case summary

At Peace Talks Mediation Services, our mediators will make sure that you have thought about all of the options and that you have all of the information you need before you sign your agreement.

California Family Code Sections 1600-1617 cover drafting and enforcement of Premarital Agreements and Prenuptial Agreements. Here is a copy of the 2 most important of those laws, with some sample language that may go into a premarital agreement or prenuptial agreement.

At Peace Talks Mediation Services, our mediators will make sure that you have thought about all of the options and that you have all of the information you need before you sign your agreement.

No. You can't change the terms of the agreement after you sign it unless both people agree to make the change. That's why it's so important to make sure it's exactly what you want before you sign it.

The mediators at Peace Talks will help you make sure that you're making the right decisions and that you've covered all the bases before you sign your agreement.

No, not unless both you and your spouse agree to terminate the agreement. There's no "grace period." Once an agreement has been signed, it's final unless both people agree to modify it.

At Peace Talks Mediation Services, our mediators will make sure that you have thought about all of the options and that you have all of the information you need before you sign your Agreement.

You will sign several originals of the agreement, and both you and your fiancé will keep an original. Your lawyers will also keep a copy, and maybe an original too. If the original gets lost, you can use a photocopy in court in most cases.

The agreement is confidential unless you decide to record it on the land records. The only reason to record it on the land records is to put other parties on notice that the agreement exists. For example, if part of what your agreement does is protect you against your spouse's debts, the only way you can bind the 3rd party creditors is by making them aware of the agreement. Typically this is done by recording the agreement, or an abstract of the agreement, on the land records.

If you mediate your agreement at Peace Talks, we will also keep a copy in our archives in case you ever need it.