From the desk of Darlynn Morgan, Newport Beach Prenup Lawyer

It’s the middle of June and the sultry summer wedding season is in full swing. Couples are running around frantically trying to finalize their plans and almost all of them will be presented with one burning question before the big day:  are you signing a prenuptial agreement?

While I realize legal matters may seem like the least of your concerns in the months and weeks leading up to the wedding, it is important, however , to give this question ample consideration before making such a binding and long-term commitment.

To that end, there are a number of rules that must be followed to ensure the court will uphold your Newport Beach prenup agreement.  You can’t just discuss the matter over coffee and then expect your “casual” agreement to hold up in a court of law.

So – what must happen for a prenup to be enforceable here in California?

1. The prenup must be written and signed by both parties.

2. Both parties need to have independent legal counsel – this is important for validation.

3. An ample amount of time is required between the time that the prenup presented to the proposed and when it is taken in to be signed.

4, There needs to be full debt and asset disclosure between both parties.

5. The prenup has to be prepared according to public policy and statut

The bottom line is that drafting an air tight Newport Beach prenup takes some time. Give yourself plenty of wiggle room to hammer out the details so you don’t feel overwhelmed or stressed.  A good rule of thumb is to have your prenup signed and filed before the wedding invitations go out.   If you haven’t already, consult with an attorney and get this process started so you can have it out of the way.

Fortunately, we’ve made the process of meeting with an attorney easier than ever with our free Family Wealth Planning Sessions ($750 value) offered to readers of our blog.  However, these free sessions are limited to 10 appointments per month, so call 949-260-1400 to secure your spot today!