Williams & Javellana, LLP
Chico California Prenuptial Laws Lawyer
Many people that are considering marriage have a prenuptial agreement, which helps to establish many factors associated with finances and possibly, other aspects of the marriage. Prenuptial agreements can be established by anyone, not only those that are wealthy and there are numerous benefits in doing so. It is important that you have the proper legal advice because there are specific California prenuptial laws that need to be adhered to carefully. Williams & Javellana, LLP can assist you through the process. Here are some of the specific California prenuptial laws that may need to be considered in your case.
Since 1986, the Uniform Premarital Agreement Act (UPAA) has been in place. This is one of the primary California prenuptial laws of will need to be considered. It states that at the time of marriage, any written prenuptial agreements that are signed by both parties in the marriage are going to become effective automatically. It allows for any number of different matters to be considered that are related to the marriage, including the property rights of those in the marriage.
Although there are many factors that can be considered under the California prenuptial laws, there are also some that cannot be covered within this legal document. For example, anything that affects the rights of the child or children that are involved in the family is not able to be covered under prenuptial agreements. In the state of California, the court system has the responsibility and right to determine what is in the best interest of the child. You cannot control any of the aspects of child custody and you cannot control child support with a prenup. Those are aspects that are controlled by the court, and you cannot remove the power of the court to handle those issues.
Along with the specific California prenuptial laws that need to be followed, you need to consider the fact that it is a legal document. The principles that govern general contract law are also going to apply to premarital agreements. This would mean that the individuals entering into the contract would have to give legal consent, without the presence of inappropriate influence, fraud or mistakes.
Spousal support is one of the factors that can be covered in a prenuptial agreement. It is possible to modify the terms of spousal support or even to give up your right to receive spousal support altogether if you enter into a divorce. There may be some cases, however, in which the prenuptial agreement is not going to be upheld by the court. This might be the case if there is an extremely unfair advantage by one individual in the agreement at the time of the divorce.
The California prenuptial laws can be difficult to navigate on your own. There is much that is involved and you need to ensure that everything takes place legally in order for the contract to be binding. By contacting Williams & Javellana, LLP, you can get the assistance that you need to make sure everything takes place properly.
Gold standard for professionalism and ethics. Extremely knowledgeable and proficient in handling complex cases. Attorney Javellana took painstaking hours building a civil case, (co-ownership/property rights) and then he presented overwhelming evidence at trial. Mr. Javellana was on point for 3 days at trial where he tactfully asserted a powerful presence in the courtroom and systematically picked apart the defendents and he was quick to respond to the dirty trickery of the defense attorney with undisputable legal arguments. As a result of Mr. Javellana's detailed and powerful representation, the opposing side had no chance. Mr. Javellana was extremely organized and detail oriented throughout. Mr. Javellana won the case across multiple points and most impressively he obtained a permanent injunction against the opposing party. Additionally, Mr. Javellana, represented me with two other cases where his professionalism and his relentless tactical drive continued with successful results. I highly recommend Mr. Javellana. J.M
California June 20, 2015