Q: Will one of those generic prenuptial contact forms that I can buy over the Internet work to protect my interests?
A: The old idiom about you get what you pay for, is certainly applicable when it comes to premarital agreements. The stakes for most people who are considering a premarital agreement are high. In fact, for most people who have come to the self-realization that its prudent to have a premarital agreement (before even consulting with a family law attorney), the stakes are usually higher than they could imagine given the harsh California Family Law Code.
While there are companies peddling generic prenuptial agreements forms over the Internet, such cookie cutter forms are ineffective. The California Family Code expressly mandates that parties to a premarital agreement be represented by independent counsel. Moreover, under California law, premarital agreements must include detailed personal information including financial disclosures that require the trained eye of an experienced family law attorney. The case law in California involving challenges to various matrimonial agreements have universally emphasized the significance of having both parties being represented by independent counsel.
During these trying economic times many people need to cut corners when it comes to their marriage ceremonies; however, people who are trying to get be with form prenups being sold over the Internet or otherwise are being penny wise and pound foolish.
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