Pre-nuptial and post-nuptial agreements are legal documents that are used to establish the terms and conditions under which a divorce will be carried out should a couple ultimately decide to end their marriage. Careful planning and attention to detail go into making sure that the verbiage that is used within a pre-nuptial or post-nuptial agreement is both legally correct as well as personally permissive to the couple involved.
As such, a professional attorney needs to be called upon for help in the creation of said documents. Furthermore, none other than a Pasadena divorce lawyer at the Law Office of Fritzie Galliani, APC should be utilized when a divorcing couple is expected to enact the terms and conditions that have been set forth in an agreement of this nature.
Pre-nuptial agreements and post-nuptial agreements no longer hold the negative stigma that was once associated with them. In fact, with U.S. divorce statistics as high as they are, many couples are resorting to defining the terms of their marriage, the conditions of a potential divorce and the agreements that will be enacted should they choose to part ways.
Agreements of this nature can be made prior to a couple committing vows to one another (pre-nuptial agreements) or after the marriage has begun (post-nuptial agreements). No way is believed to be better than the other. Instead, it comes down to what is determined to be right for the couple involved, and it will be up to an attorney to make sure that the terms which are decreed in the document are done so properly.
Fulfilling the terms and conditions of a pre-nuptial or post-nuptial agreement, hinges on your divorce attorney's ability to decipher valid terms from invalid terms. As expressed earlier, agreements of this nature rely on close attention to detail, and the most minor error can result in the invalidity of this type of legal document. Specifically, your divorce lawyer will need to review the following before they can legally move forward with the terms that have been specified in the agreement:
Improper Execution: In order for the terms of a pre- or post-nuptial agreement to be taken as valid, both parties must have signed the document at hand.
Pressured Creation: If it is later disclosed that one spouse only agreed to their prenup or postnup because they felt pressured to do so, the document's validity will be questioned.
Inadequate Time for Proper Consideration: Both spouses must be given the necessary time to read, review, and think about the terms being agreed to. An agreement that is handed to a spouse and signed immediately upon receipt could be invalid.
False Information Was Provided: Pre-nuptial and post-nuptial agreements must be entered into under full disclosure regarding personal assets, finances, and liabilities. Omitted information could be grounds for invalidity due to false presentation of information.
Unread Documents: A prenup or postnup that is placed before a spouse and signed prior to being read cannot be accepted as valid because the spouse did not know what he/she was agreeing to.
Incomplete Information Was Provided: Any pre-nuptial or post-nuptial agreement that lacks the full information that is required of such documents will be considered legally invalid.
Invalid Provisions: Pre-nuptial and post-nuptial agreements will not be valid if the content within them directly negates the expectations of the law, i.e. expectations for child custody or child support payments.
Lack of Independent Counsel: Some prenups and postnups can be invalidated if it can be proven that one or both parties did not first retain the professional advice and legal support of an attorney prior to the creation of the agreement.
Looking for an attorney for a prenuptial agreement in Pasadena? Whether you are looking to create a pre- or post-nuptial agreement, or you are looking for a divorce attorney who can help you execute the terms of a pre-existing agreement, we encourage you to contact our office today. With more than 30 years of cumulative legal experience, we are intimately familiar with the ins and outs of the law, especially as they pertain to the divorce process in Pasadena.
At the Law Office of Fritzie Galliani, APC you will be represented by legal professionals whose experience has earned us a great reputation in the community. Our methods are well-practiced, and our experience speaks for itself. The encouragement, support, and professional advice that you need to feel confident moving forward with a divorce that involves a pre-nuptial or post-nuptial agreement can be unfailingly found at our office.
Call today at (626) 314-6738 to get started on your case!