PREMARITAL AGREEMENTS - PRENUPTIAL AGREEMENTS

My last Blog addressed how I deal with Family Law and Divorce clients generally, but I noted therein that I would address how I deal with Premarital Agreement (Prenuptial Agreement) clients in a separate blog. This is it.

Premarital Agreements and Prenuptial Agreements are one and the same - both terms are equally applicable.


FOR CLIENTS WHO SEEK MY SERVICES TO PREPARE PREMARITAL AGREEMENTS:

I first advise clients seeking my services to prepare a premarital agreement regarding the requirements, steps and timing to enable the prenuptial agreement to be timely signed, acknowledged (before a Notary Public), and certified by attorneys for each party, and the consequences of failure to comply, or timely comply, with those requirements.

I then advise those clients regarding the laws (statutory and case law), rights, and obligations that apply to premarital agreements.

I next advise those clients regarding the laws, rights and obligations that apply in the absence of a prenuptial agreement, and I suggest and we discuss a host of proposed provisions to change those rights and obligations as well as the effects of each of those provisions on the rights and obligations of the respective parties.

We evaluate the client's initial objectives, and determine whether those objectives need to be re-evaluated in view of the laws, rights and obligations about which I advised them.

We create a plan for the Prenuptial Agreement, and I prepare an Agreement pursuant to that plan.

We next meet and review the prenuptial agreement, discuss its specific provisions, I ensure that my client understands the provisions, why they are there, and the effects of those provisions. We determine what revisions, if any, to make the the premarital agreement.

I then finalize the premarital agreement, reminding my client of the requirements, steps and timing to enable it to be timely signed, acknowledged, and certified by attorneys by each party.


FOR CLIENTS SEEKING MY SERVICES TO REVIEW A PREMARITAL AGREEMENT PREPARED BY HIS/HER FIANCE'S ATTORNEY:

Where I am retained to REVIEW a premarital agreement drafted by the attorney of my client's fiance', my job is significantly different.

I first determine what my client believes that the parties have agreed to, and what my client believes that the premarital agreement provides. Sometimes, clients come in significantly misinformed regarding the provisions of prenuptial agreements drafted by the fiance's attorney.

I next determine what my client's goals are.

I next review the prenuptial agreement with my client, word-by-word, and advise my client regarding [and where appropriate, provide my client copies of] the statutory and case law relating to the rights and obligations of the parties that would apply in the absence of the premarital agreement, as well as how the premarital agreement changes the rights and obligations of the respective parties.

I provide information to enable my client to understand the language, import and consequences of the terms set forth in the premarital agreement, and my client advises me whether or not he/she fully understands those things - and if not, we discuss those areas sufficiently to ensure that my client fully understands the agreement.

My client and I then discuss whether it may be appropriate to negotiate changes in the prenuptial agreement, and if so, we discuss the process, address specific changes, and I deal with the fiance's attorney.

If my client declines to have changes negotiated in the premarital agreement, I ensure that I have performed the services noted in its certificate for my signature, and that my client acknowledges that I have done so, before I sign the certificate.

I have practiced Family Law in Los Angeles and Ventura County since 1972. I became a Certified Family Law Specialist in 1980, when the State Bar of California first created the Family Law specialty. I restrict my practice to Family Law and Divorce Law.

Posted by Donald F. Conviser, of Warner Center Law Offices in Woodland Hills, California, serving clients in all aspects of family law, including Prenuptial Agreements and Premarital Agreements.