Telephone: (424) 228-4133      Fax: (310) 751-6613      Address: 12100 Wilshire Blvd., Ste. 800 Los Angeles, CA 90025      Email: info@laprenuplawyer.com
F.A.Q. PAGE
(424) 228-4133 Brian J. Kramer, P.C.
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Frequently Asked Question: Can spousal support be  modified or waived through a prenuptial agreement? Premarital Agreements We specialize in representing clients in Southern California entering into premarital agreements.    Getting Started To get started, please fill out  our client intake questionnaire. Get The Answers Get Started Now
Frequently Asked Questions We have prepared this FAQ section to answer many of the basic questions that people entering into a premarital agreement ask of our office.   We update the answers to these FAQ whenever there are relevant developments in the law.  The information provided on this website and in these FAQs is not legal advice, and is not intended to, and does not create an attorney-client relationship between you and our firm.  If you are contemplating entering into a premarital agreement, you should seek out and retain experienced family law counsel. Frequently Asked Questions          What is a Certified Family Law Specialist, and should I use one in connection with negotiating my premarital agreement? Should I enter into a prenuptial agreement? Will my fiancée need to be represented by independent counsel? How long before my wedding date should I retain family law counsel to prepare a premarital agreement? Is a prenuptial agreement lawful in California, and what subject matters may be covered in such an agreement? Can spousal support be waived or limited through a prenuptial agreement?  Will a generic prenuptial contract form work under California law? After marriage can we amend or modify our prenuptial agreement? I am thinking about asking my fiancé or fiancee to enter into a prenuptial agreement; how should I raise this sensitive subject without engendering negative feelings? What is a postnuptial agreement and why do people enter into them?   
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Over the last decade, beginning with two seminal cases being decided by the California Supreme Court in 2000, there have been significant developments in the law pertaining to premarital agreements.  One common theme found in the flurry of recent reported appellate cases involving premarital agreements is the need for both parties entering into such agreements to utilize the services of experienced family law counsel.  In fact, the California state legislature in response to the California Supreme Court's holding in Pendleton and Fireman  from 2000, amended the California Uniform Premarital Agreement Act to specifically and expressly require that both parties have "independent legal counsel" if a waiver or limitation of spousal support is incorporated in a premarital agreement. By way of example, and there are many, in the recent holding of In re Marriage of Facter (2013) 212 Cal.App.4th 967, the court held that a premarital agreement that contained a waiver of spousal support prepared by a lawyer who had graduated from Harvard Law School was in part unenforceable.  In Facter the court found that although the attorney who drafted the premarital agreements was a seasoned commercial transactional lawyer who practiced corporate law, he failed to follow some of the basic conventions which experienced family law attorneys follow in negotiating a premarital agreement.   The fallout for the party in Facter who sought to enforce his premarital agreement after a failed 14 year marriage was devastating.