Pre and Post-Nuptial Agreements Attorney in Los Angeles, California
Prenuptial Agreements: How do you attack or defend a prenuptial agreement?
Prenuptial Agreements: How do you attack or defend a prenuptial agreement?
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In our practice oftentimes parties will come to us with what’s called a premarital or prenuptial agreement. The agreement will often define what’s gonna happen in the event of a divorce or a dissolution. In order for a prenuptial agreement to be effective there has to be disclosures made so that each side understood exactly what they were going to be giving up by entering into the agreement. Oftentimes what I recommend in those kind of situations is we hire a retired judge to preside over the signing ceremony of a prenuptial agreement, and that way the judge can ask questions. Why are you doing this? Do you understand what you’re doing? Has anyone not given you the information you need in order to make an informed decision? And if you have that video ready, in the event it’s attacked later it can be very persuasive in convincing a new judge who’s deciding what to do with the agreement whether to enforce it or not.
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Los Angeles, CA family law attorney Robert W. Eisfelder talks about his approach when attacking or defending prenuptial agreements. He explains that in our practice, it is common for parties to approach us with premarital or prenuptial agreements. These agreements often outline the course of action in the event of a divorce or dissolution. For a prenuptial agreement to hold legal weight, full disclosures must be made so that both parties have a clear understanding of what they are relinquishing by entering into the agreement. In such situations, I often recommend the involvement of a retired judge who can oversee the signing ceremony of the prenuptial agreement. This allows the judge to address any concerns and ensure that all parties fully comprehend the agreement’s terms. By having a video recording of the ceremony, it can serve as compelling evidence if the agreement is challenged in the future, helping to persuade a judge to enforce or invalidate it.
