Orange County Family Lawyer for Prenuptial Agreements
Experienced Orange County Family Law Attorney: Prenups
Prenuptial agreements are becoming increasingly common for couples entering
into a marriage. They can provide clarity and confidence in what will
happen to your property and finances if the marriage should end. They
can be important in protecting the interests of children of a previous
marriage. If you are considering a prenuptial agreement, you will need
the guidance of an experienced Orange County divorce lawyer.
W. Douglas McKeague has been successfully representing clients in
family law matters for more than 33 years. Our practice is exclusively focused on
these areas of law. We offer high quality representation at reasonable
rates. We have the knowledge and skills to provide you with sound legal
counsel and to protect your interests in a prenuptial agreement with your
Prenuptial Agreement in Orange County: Experience and Dedication
The Uniform Premarital Agreement Act (UPAA) has governed prenups in this
state since 1986. Amendments to the UPAA, affecting agreements made after
2002, require the following for a prenuptial agreement to be enforceable
against a spouse:
- The spouse had complete information about the other spouse's financial
situation and property before signing the agreement.
- There were at least 7 days between the spouse's receipt and signing
of the agreement, to allow enough time for attorney review.
- The spouse was represented by a separate attorney, or received full information
in writing about the basic terms of the agreement and the rights and obligations
it would nullify, and signed a separate document acknowledging receipt
of that information, identifying the source of the information, and waiving
the right to an attorney.
Provisions regarding spousal support in a prenuptial agreement are only
enforceable when the spouse was represented by an attorney. Rights to
spousal support can be relinquished in a prenuptial agreement and enforced
by the courts as long is the result is not unconscionable at the time
of enforcement. It can be specified that separate property owned before
the marriage can be treated as community property, and community property
be treated as separate property. Our knowledgeable Orange County divorce
attorney can tailor a prenuptial agreement that meets your needs and effectively
protects your interests.
Contact our Orange County family lawyer for high quality legal representation to draft a well-written prenuptial
agreement, more likely to stand up in court should there be problems in
the marriage in the future.