The Cost of a Prenuptial Agreement in California

A prenuptial agreement is a written contract before a marriage that intends to establish the property assets of both partners, including individually owned business assets and property assets. The agreement will also outline the debt obligations of all parties, offer provisions for children of a marriage, and provide for support from one partner to another should a separation occur. The agreement must be in writing and signed by both parties to be enforceable. Without a prenuptial agreement, California state law will determine support terms, debt obligations, and property assets. Prenuptial agreements in California are often referred to as premarital agreements. A more recent type of contract that has been created for divorce property division under California family law, which will not be covered in this article, is the postnuptial agreement.

Focus on Heritage

Heritage, a synonym for heritage, can be preserved through a prenuptial agreement. And although it may appear that a contract before marriage will undermine religious or cultural customs, spouses can preserve their individual legacies.

Religious Heritage

Various religions around the world have different customs during courtship, marriage, and divorce. It is common for spouses to preserve their family legacies by agreeing to custom practices that they would otherwise forego. In the Jewish religion, the Marianna is a document that is executed before a couple is married in the Rabbinic Court – which outlines the amount of support that would be due during a divorce. In India, a dowry is commonly agreed by the spouses’ families. Spouses can preserve their heritage by contracting in writing the same or a similar agreement.

Cultural Heritage

Many cultures around the world inherit property through blood lines. This inheritance can be preserved through a prenuptial agreement when it provides for the right to inherit property or disinherits an heir to preserve the pre-existing family legacy. The contract is a private instrument between the parties.

Preserving Heritage through Legal Knowledge

The more you know about legal instruments, the better equipped you will be to take advantage of the ones that most serve you, your spouse, and your family. A prenuptial agreement can permit a person to preserve their heritage according to culture and/or religion. However, individuals must consult experienced family law practitioners to ensure that the contract is prepared to withstand challenge if ever litigated in a court setting.

The Cost of a Prenuptial Agreement

A lot of time and resources are dedicated to the drafting of a prenuptial agreement. Fund allocations to legal professionals include valuable time spent during consultation, contract drafting, and negotiations. Depending on the complexity of the matters, this may take anywhere from 1 to 15 hours. Invoice rates can range from $225 to $550, depending on the attorney’s experience. An agreement for two to four hours of consultations may cost between $450 – $2400.

According to the in depth guide on comprehensive prenuptial agreement costs in California, a prenuptial agreement will not dissuade family members from participating in social cultural and religious practices. Family members will be free to conduct themselves according to their heritage and traditions. Commonly referred to as a partial prenuptial agreement, a contract may offer to provide for certain practices such as the distribution of personal property or a specific way to celebrate a family gathering. Pursuant to state family law codes, however, contracts cannot determine the child custody and support. However, parents may make provisions for the type of healthcare their child receives.