Telephone: (424) 228-4133      Fax: (310) 751-6613      Address: 12100 Wilshire Blvd., Ste. 800 Los Angeles, CA 90025      Email:
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.  
(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
Prospective Client Questionnaire Dear Prospective Client,   Following the body of this letter is a questionnaire for prospective clients to fill out who are interested in having the Brian J. Kramer, P.C. represent them in preparing and/or negotiating a premarital agreement.   This questionnaire is designed to enable us to efficiently obtain the requisite background information we need about your and your fiancée's situation to properly advise you.   Under California law, effective premarital agreements must be specifically drafted to take into account the unique circumstances of every couple.  We have found that the most efficient way to obtain all of the requisite information needed to conduct a meaningful consultation and begin efficiently drafting a premarital agreement is to start the process by asking prospective clients to answer the information contained in this questionnaire.   While this may take some time to fill out, it will be well worth your time and effort.     Please fill out this questionnaire to the best of your ability by providing the information requested.   Please fill in "N/A" or "Not Applicable" for every item that has no application to you or your fiancé/fiancée's situation.  Also, if you do not know the information requested please simply state: "Unknown."     The questionnaire seeks a lot of information about your and your fiancé's assets and liabilities.  This information is being requested for several reasons.   Not only will this information essential for us to advise you on why a premarital agreement may (or may not) make sense in your situation, but under California law parties must provide "fair, reasonable, and full disclosure of property and financial obligations."  Effectively the law requires parties entering into a premarital agreement to prepare a current personal balance sheet that identifies all of his or her assets and liabilities.   If you have a current personal balance sheet, please provide it as it will address a number of the issues raised in this questionnaire.        After our office receives the information requested in our questionnaire, we will contact you and set up either a telephone or in-office meeting to discuss the matter further.   Very truly yours, Brian J. Kramer > DOWNLOAD QUESTIONNAIRE    Please fill out & fax to: (310) 751-6613