How far in advance of our wedding date, should a Prenuptial Agreement be Prepared?
California law requires at least 7 day waiting period from the time you first present your fiancee with the prenuptial agreement and the date that you two actually sign the agreement. Preparing your agreement earlier however (ideally at least two months before the wedding) rather than later will take a lot of pressure out of the process for both of you and allow you to enjoy your engagement and focus on wedding plans. A first draft can be drafted in as little as 48 hours.
Does the Prenuptial Agreement get filed with the court or is it recorded?
There is no process of recording a prenuptial agreement. After properly signing your prenuptial agreement, it is advised that you treat the original in the same manner as any official document, such as a Will or Trust, by storing it in a fireproof safe or safety deposit box. Be sure to make several copies for your convenience.
I don't have any assets to protect. What if I don't have any assets or debts at the time of our engagement? A prenuptial agreement is still a good idea. You may accumulate assets during the marriage. Laws change and judges vary. Prenuptial Agreements allow you and your spouse to choose how to divide assets and debts in the unlikely event of divorce. The AGreement can also provide a financial plan for the marriage, once such assets and debts are accumulated. In the event you go through a divorce, you avoid a judge deciding how your property should be divided and court proceedings and legal entangelments (and legal fees) are limited.