How do pre-nuptual and post-nuptual agreements differ in California? 5 Answers as of November 29, 2010

How do pre-nuptual and post-nuptual agreements differ in California and can I have just anyone draft the one that is most applicable to?

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Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
A pre-nuptial agreement is an agreement which is signed before the marriage. A post-nuptial agreement is done after the parties are already married. You should consult an attorney prior to prepare the agreement as there are several requirements for a valid agreement.
Answer Applies to: California
Replied: 11/29/2010
Law Office of Teresa Beyers
Law Office of Teresa Beyers | Teresa Ann Beyers
Prenuptial agreements should always be prepared by an attorney. In order to ensure that both parties understand and know the terms of the agreement they need to each be represented by their own attorney.
Answer Applies to: California
Replied: 11/21/2010
The English Law Firm
The English Law Firm | Robert English
An attorney is not required for a prenuptial or postnuptial agreement. However, if you want to make certain your agreement is going to be enforceable, I would strongly recommend having an attorney draft the document. The difference between the two is that one is drafted and signed prior to marriage and the postnuptial is an agreement made after the marriage.
Answer Applies to: California
Replied: 11/19/2010
Michael Apicella
Michael Apicella | Apicella Law and Mediation
A premarital (or prenuptial) agreement is one that the couple enters into before marriage. A post marital (or post-nuptial) agreement is entered into AFTER marriage.

As for who can draft one, you should have an experienced lawyer do it. I have litigated many a divorce that became problematic because of a poorly drafted premarital agreement. I would further suggest that you have a lawyer who has litigated premarital agreements draft it for you. Lawyers who have not litigated premarital agreements sometimes do not understand the full ramification of the provisions that they draft. Feel free to contact my office for a free consult if you would like further information.
Answer Applies to: California
Replied: 11/19/2010
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