Treat Prenups as Formal Contracts

Prenuptial agreements should always be made via formal contracts that are witnessed by a lawyer in order to ensure validity. One famous director wrote his prenuptial agreement on a napkin which both he and his wife signed, but neither had a lawyer present. As a result, the prenup was nullified and the wife got half of what the director earned during their short four-year marriage, $100 million.

To avoid a situation like this, work with a Los Angeles family lawyer who is familiar with the prenuptial agreement laws of your state. Abide by those rules and avoid common mistakes like trying to wave child support payments or making stipulations that cannot be enforced in a court.

Like a will, it is important to make the agreement in writing and sign the contract along with the signature of a witness to help ensure validity. In fact, it's recommended that prenuptial agreements be signed in triplicate so that each spouse may retain original copies and the third copy can be held by a lawyer, an accountant, or in a secure location.

If you have been thinking about drafting a prenuptial agreement, contact Claery & Green now to enlist the services of our Los Angeles family law attorneys. We can help you create a binding agreement that protects your best interests in the event of divorce.