Telephone: (424) 228-4133 Fax: (310) 751-6613 Address: 12100 Wilshire Blvd., Ste. 800 Los Angeles, CA 90025 Email: firstname.lastname@example.org
If you are interesting in having the Brian Kramer Professional Corporation possibly
represent you in negotiating a premarital agreement please fill out our online
questionnaire. We also prepare cohabitation, domestic partnership and postnuptial
agreements. Finally, we are also available to represent clients in contested family law
proceedings in which matrimonial agreements are at issue, or to serve as expert witnesses
in such proceedings.
After you contact our office there is a three step process to retain us as your
attorneys to negotiate a premarital agreement.
Step One – The New Client Questionnaire
All prospective clients are provided with a detailed questionnaire that enables us to
efficiently obtain all of the information we know we will need about you and your fiancées
background, assets, liabilities and income to properly represent you.
While providing the information sought in our client comprehensive questionnaire
may be time consuming, it is essential to enable us to efficiently analyze and advise you.
The information you supply in your questionnaire will also be used so that we may
efficiently draft and negotiate your premarital agreement. Accordingly, it is essential that
you take the time to be as accurate and thorough as possible.
Your completed questionnaire will also enable us to set a fixed fee to draft and/or
review your premarital agreement.
Step Two – The Consultation
After you complete the questionnaire, our office will contact you and arrange for an
initial consultation. At the initial consultation, we will go over with you the information
you provided in your questionnaire. Based on that information we will discuss how a
premarital agreement may be of benefit to you or how you should best go about
protecting your vital interests in this process. The purpose of the initial consultation is for
us to engage in a frank discussion about your objectives and determine whether it makes
sense for you to enter into a premarital agreement and whether you should retain us as
For reasons we will discuss at the initial consultation, effective premarital agreements
in California must be specifically tailored to take into account each couple’s needs and
unique backgrounds. Although we charge for in-office consultations, we spend
considerable time providing useful information to all prospective clients. Most people find
their initial consultations a very worthwhile investment of their time and money.
Step Three: The Retainer Agreement
During the initial consultation, we will present you with a retainer agreement which
needs to be reviewed by you carefully and then executed should you choose to retain our
Our rates vary depending on the complexity of the case and estate involved, but we
will provide you a fixed price to complete a first draft or initial review of a premarital
contract. We will use the information that you provide in the questionnaire to set an
appropriate retainer fee. Our fees are highly competitive and are substantially less than
other larger family law firms in the Los Angeles area, many of which will not even handle
work on a prenuptial agreement without a retainer in the tens of thousands of dollars.
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.
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