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January 2019 Archives

Challenging a California prenuptial agreement

Most divorce attorneys in Sacramento and elsewhere in California strongly support the use of prenuptial agreements to settle issues of property division, child custody and other issues that often lend unnecessary acrimony in a divorce. Despite this advice, more than a few people facing a divorce in California realize that they have signed a prenuptial agreement that is grossly unfair, fraudulent or otherwise counter to their best interests. Can anything be done about such an agreement? Will the courts provide relief if the agreement was obtained by fraud or undue duress? The answer can by "yes," but any challenge must be limited to a violation of the rules that make such agreements enforceable in the first place.

Protecting corporate shares with a prenuptial agreement

For some people in California entering their first marriage, the concept of a prenuptial agreement carries a negative stigma. Not everyone at that stage in their lives can understand why they should elevate financial concerns above the romantic notions of marriage and living happily ever after. Some people are fortunate in never needing to face the answer to that question. However, other people will understand the answer after they have endured at least one divorce.

Why mediation may not be the best option for high-asset divorces

Mediation is often encouraged for spouses that want to divorce as quickly and painlessly as possible. It does work for numerous individuals as they end up coming to an agreement with their ex-spouses and the mediators on what the settlement should be before they begin the newest chapter in their lives without as much drama or money loss as a court case would be.

Understanding prenuptial agreements in California

A common question faced by Sacramento residents who are contemplating marriage or re-marriage is whether to sign a prenuptial agreement that has been requested by the other party. This question is especially common in second marriages where one or both parties have significant assets.

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O'Brien Family Law, PC 

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