Los Angeles, CA family law attorney Robert W. Eisfelder talks about his approach when attacking or defending prenuptial agreements.
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In our practice oftentimes parties will come to us with what’s called a premarital or prenuptial agreement. The agreement will often define what’s gonna happen in the event of a divorce or a dissolution. In order for a prenuptial agreement to be effective there has to be disclosures made so that each side understood exactly what they were going to be giving up by entering into the agreement. Oftentimes what I recommend in those kind of situations is we hire a retired judge to preside over the signing ceremony of a prenuptial agreement, and that way the judge can ask questions. Why are you doing this? Do you understand what you’re doing? Has anyone not given you the information you need in order to make an informed decision? And if you have that video ready, in the event it’s attacked later it can be very persuasive in convincing a new judge who’s deciding what to do with the agreement whether to enforce it or not.