QUESTION
What can I do if my fiancé wants me to sign a premarital agreement that will waive my right to spousal support and community property?
Asked on Mar 08th, 2017 on Divorce - California
More details to this question:
There is a paragraph I do not understand that states that "in the event of a separation of the parties during marriage" that I agree to vacate any home owned by my fiancé within 90 days, and if I do so, he will pay my first and last month's rent and security deposit and reasonable moving fees. What does this mean? Is it legal for him to ask me to leave within 90 days? What is the maximum duration I have to vacate his home? What if I'm 48 years old and we have 3 children together, does that mean I have to pack up everything and the kids and move within 3 months? Is this normal in a premarital agreement? I've never heard of anything like this before, I think it's ridiculous and I thought at first it was a joke, but it's for real. It's tearing me apart emotionally.
2 ANSWERS
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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Perhaps you should think again about marrying this person. This is disposable marriage. Perhaps a Domestic Partnership would be best should you desire to continue the relationship.
Answered on May 28th, 2017 at 8:21 AM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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First, when dealing with a premarital agreement you must have your own independent counsel to represent you and counsel you. You either need to hire a lawyer yourself or obtain funds from your fiance to hire your own lawyer. Next, remember that you do not have to sign a Premarital agreement if you are not satisfied with it. You also have the right to negotiate and propose additional or different terms.
Answered on May 28th, 2017 at 8:20 AM