Law Offices of David P. Schwarz Family Law Lawyer

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It should not be the point of a prenuptial agreement to avoid all financial responsibility to the other spouse.  As the family law code sections are abundantly clear about is that they do not want the spouse who is not on the receiving end of the prenuptial agreement and stands not to benefit at all from the prenuptial agreement that fairness is the key.  The family law Code is clear that is wants equity and fairness in the protection of marital assets.  Although a party can contract away their assets and debts through the prenuptial agreement it is vital to the integrity of the family law judicial system the one party does not blindside another less fortunate party and take off with all the loot.

California legislature has codified these prenuptial statutes under family code section 1612(c) and section 1615 that unconscionability and independent legal representation are a mandate to making an enforceable prenuptial agreement. One party cannot unduly take advantage of another party through one sided and lopsided contracts that give the other party nothing while the other party hauls away all the money.  If both parties and more importantly the party who has the assets to protect can enter the prenuptial setting with an open mind to make the contract fair and equitable that party will avoid unnecessary litigation down the road.  People, however, often enter these prenuptial agreements with a greedy mindset and try either to outsmart or blatantly take all the assets away from the other party.  This leads to an obvious disparity in the contractual agreement and creates a huge public policy concern.

That is the reason that an independent legal counsel is almost mandatory for the legitimacy of the prenuptial agreement to work.  Without the independent legal counsel for the party not receiving a financial gain at the outcome of the prenuptial agreement would create innumerable unconscionable agreements that would be too easy to enter into and create too many unequally bargained contracts.

It is one thing to protect a persons own interests and their own assets they have worked so hard to attain and it is another to take advantage of another person who invests their entire life to be with another person and receive no benefits after the relationship is over.  That is why parties should enter into prenuptial agreements with an open mind and with the intent to at least provide a decent amount of financial reward for the party who is without the assets of the other party.

Since the issue of enforceability of prenuptial agreements is a big issue among family law litigants parties find themselves in family law court often and frequent questioning the legitimacy of the agreement.  That is why it is important to consult a well seasoned attorney who knows the prenuptial agreement laws.  Without an air tight agreement your risk of going to Court over a poorly drafted agreement are high.  Beware of the unconscionable agreement that leads to future litigation because of greed and extreme unfairness in the drafting of the agreement at the initial stages.