Sunday, June 26, 2011

CAN I WRITE MY OWN PREMARITAL AGREEMENT?

QUESTION: Is it legal for me to write my own premarital agreement or do I need an attorney?

MY RESPONSE:
It is legal for you to write your own premarital agreement, but for many reasons, it would be unwise for you to do that, unless you are a California Family Law Attorney or at least well educated and/or versed in California Family Law, but even then, you may lack the objectivity needed to prepare an adequate or enforceable premarital agreement.

You may not be familiar, or sufficiently familiar, with, among other things, the statutory and appellate case law relating to things that your premarital agreement addresses or should address and/or relating to how and when the premarital agreement should be presented to your prospective spouse, with a cover letter saying what, resulting in either a premarital agreement that is unenforceable, or a premarital agreement that has provisions against your own interests, and you won't be able to use your own ignorance as a defense to a premarital agreement that you write badly.

Also, your fiance' will need to consult with a California Family Law Attorney regarding the premarital agreement, and if she doesn't, it will more than likely render the premarital agreement unenforceable.

If you have assets and rights worthy of protecting with a premarital agreement, you should seek the services of an experienced California Family Law Attorney to advise and counsel you and to prepare the premarital agreement on your behalf.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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