When creating a prenuptial agreement, do both parties HAVE to be represented by their own lawyer even w/ waiving spousal support

Divorce 2 views 2 answers
I would like to create a premarital agreement in which neither party profits from the marriage in the event of a divorce. (We're both in Los Angeles, CA) First, if I use a lawyer, does my future spouse need to do the same? Second, if we choose to waive spousal support, does, does the non-drafting party need to have their own lawyer represent them (or can they waive that)? Last, can we both create and execute a prenup agreement without either party using legal counsel? Thank you :)

Attorney Answers

2
Richard Forrest Gould-SaltmanFamily Law AttorneyLos Angeles, CA ·
I must respectfully disagree with the prior response, by an attorney not licensed in California. Per California Family Code 1612: “Any provision in a premarital agreement regarding spousal support, including, but not limited to, a waiver of it, is NOT ENFORCEABLE if the party against whom enforcement of the spousal support provision is sought was not represented by independent counsel at the time the agreement containing the provision was signed, or if the provision regarding spousal support is unconscionable at the time of enforcement. Presently, in California, it's a simple mechanical rule: no independent attorney for the party who would be seeking spousal support, at the time of the pre-nup means the waiver or limitation on spousal support in the prenup is UNENFORCEABLE. Other provisions of a premarital agreement do not have this restriction.
0 upvotes
Michael Corbin ·
You could do it without attorneys, but I don't recommend it. One party having an attorney and the other not will lead to inevitable problems. And, using the same attorney will also cause inevitable problems. This is a case where you really should use your own attorneys.
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