What is a Prenup

Basically, a prenup is a contract between two individuals, allowing them to plan for their financial future together and take the law into their own hands. A prenup is drafted and signed by both spouses prior to their marriage, and upon marriage the agreement becomes enforceable. Subject to certain California limitations, prenups may be as novel and complex as you and your spouse desire. For instance, your agreement may:

• Determine who will keep the primary residence, vacation homes, etc.
• Decide the future of your assets in the event of death, separation, divorce and/or the occurrence of a certain event (such as alcohol consumption of a party).
• Make decisions for pets (yes, pets), heirlooms, frequent flier miles, etc.
• Determine the religion upbringing of your children.
• Determine how prior debt of the parties will be allocated.
• Waive or modify spousal support and alimony.
• Terminate after a predetermined period of time (such as after fiver years of marriage).

Although a California prenup must be fair and reasonable, you and your spouse have tremendous flexibility in determining the goals and subject matter of the agreement. Getting married is as stressful as it is exciting but taking the time to create a prenup can lessen the stress and ultimately lead to a more predictable, long-lasting, and happy marriage. Our attorneys at Red Leaf Law can simplify the prenup process for you and draft a customized agreement that covers you and your spouse’s unique situation and goals.

Process of Getting a Prenup

Before you spend any money, Red Leaf offers a free consultation to help you determine whether our services are of true value to you. During the initial consultation, our attorneys will further describe the process of getting a prenup and a general timeline for our services. If you decide a prenup is right for you, Red Leaf will create a proposal providing you with the precise cost of your prenuptial agreement and a detailed timeline of the process -- from first draft to final review and signing.

After authorization from you, an attorney-client privilege is created between you and Red Leaf Law. One of our attorneys will sit down (or, if you prefer, communicate via email or phone) and discuss with you your situation, goals, and then present ideas surrounding prenups. Next, Red Leaf will immediately begin the first draft of your prenup. We strive to make the process of getting a prenup as stress free and convenient for you, and that’s why the first draft will typically be completed within seven days of receiving the necessary information from you. Once complete, the draft will be sent to you for your and your spouse’s review. This first draft can be a useful outline of discussion between you and your spouse as you plan your financial futures together. After you and your spouse have reviewed the draft, we will discuss any concerns, questions or modifications.

Upon your review of the first draft, Red Leaf Law will create a second draft of your prenup inclusive of your suggestions. During this process of your prenup, a minimum of three attorneys will review your agreement to ensure all necessary provisions are present to accomplish your goals.

Red Leaf Law guarantees an unparalleled two week turnaround time in the drafting of your prenuptial agreement: from initial consultation to the final draft.

This assumes the proper documentation is provided to Red Leaf Law by the client.] After a final draft is completed and approved by you it may be necessary to have an independent attorney review the prenup with your spouse. This is a critical step in ensuring your prenup will be upheld in court. Red Leaf Law has developed a working relationship with several law firms who can review your agreement with your spouse at a discounted rate. After the review process is completed, the parties will sign the prenup in the presence of a notary public. Upon completion, Red Leaf Law will retain a copy of your prenuptial agreement in its permanent records.

One of the primary reasons prenups are not enforced is simply because they cannot be found. Rest at ease, Red Leaf Law will store all of your files both in hard copy and electronic format — in both our California and Utah offices and also at remote locations on secure servers. You can be sure that if you ever need your prenup, we’ll know where to find it.