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FAQ |
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Like most
things in life you get what you pay for. This is especially true when it comes to procuring Family Law services
in
California
. The stakes for most people who are seriously considering entering into
such agreements are typically very high, and the potential impact of not
getting it done right can be devastating.
While several companies do offer generic prenuptial agreements forms for sale over the
Internet, these form agreements are typically ineffective to protect your
interests in
California
or accomplish many of the basic
objectives why people enter into such agreements in the first instance. This is because the Family Code mandates that
both parties to prenuptial agreements be represented by independent counsel in
order to accomplish various worthwhile objectives. Moreover, to be upheld such agreements must
include detailed financial disclosures that typically require a trained eye of
a Family Law attorney to complete properly.
Moreover,
developing case law in
California
involving challenges to the
validity of postnuptial and prenuptial agreements have universally emphasized
the significance of both parties being represented by independent counsel.These cases teach that for such agreements to
be upheld, they must have been executed by two consenting adults who have been
fully informed about their ramifications. In drafting prenuptial agreements, it
is important to get it right as a poorly drafted agreement which fails to comply
with the mandates of the Family Code can lead to negative consequences such as
a financial loss for one of the parties, an inheritance loss by the children of
the parties, or the thwarting of the parties' intentions.
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