San Francisco Prenuptial Agreement Specialists

San Francisco Prenup Lawyers
THE To-Do Before "I Do".

(415) 999-5669 * (415) 962-0415 fax
info@sfprenuplawyers.com * www.sfprenuplawyers.com

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My article below appears on several wedding and divorce websites on the internet.

Should I get a Prenup, and When?

Monday, June 16, 2008

Today, I received a phone call from a client wanting a prenuptial agreement. His fiancee drafted a prenup, and gave it to him. He wants changes. His wedding is on Saturday. "It's too late," I told him.

California Family Code section 1615 (c)(2) clearly states that "It shall be deemed that a premarital agreement was not executed voluntarily unless the court finds in writing or on the record all of the following: THE PARTY AGAINST WHOM ENFORCEMENT IS SOUGHT HAD NOT LESS THAN SEVEN (7) CALENDAR DAYS BETWEEN TIME THE PARTY WAS FIRST PRESENTED WITH THE AGREEMENT AND ADVISED TO SEEK INDEPENDENT LEGAL COUNSEL AND THE TIME THE AGREEMENT WAS SIGNED.

Obviously, this can be interpreted in several ways. I tend to be very protective of my clients, so my policy is that the FINAL AGREEMENT must be presented and accepted as final by all parties, then a waiting period of 7 days, AND THEN signatures. The signature may even occur on the date of the wedding, but to be safe, I recommend one week. This means, you should leave yourself AT LEAST two (2) weeks prior to the wedding to have a finalized agreement.

THIS MEANS you need to hire an attorney AT LEAST 4 -6 weeks prior to your wedding, so the planning, drafting, and negotiating can take place.

If you are planning a wedding, you need to make your premarital agreement part of the process. It is THE TO-DO on your list of to-do's.

I turned down the prospective client. I told him that the prenup is no good. Beware of attorneys out there who will draft a prenup 5 days prior to the wedding. You may as well do it yourself on a piece of toilet paper, and then flush it.

If you want to learn more about premarital agreements, please read my highly-informative ARTICLE.

Kelly Chang Rickert founded the Law Offices of Kelly Chang, A Professional Law Corporation. Mrs. Rickert is a California State Bar Certified Family Law Specialist. Her firms specialize in Divorce and Family Law, and handles all areas of Divorce, Annulment, Spousal Support, Child Support; Modification, Child Custody and Visitation, Prenuptial and Postnuptial Agreements, Adoptions, Property Division; Restraining Orders; and Family Law Mediation.

The information you obtain at this site is not, nor is it intended to be, legal advice. No attorney-client relationship will be established through any contact through this website, including the completion of our Client Intake Form. You should consult an attorney for individual advice regarding your own situation.