It’s a sunny morning on the beach, and you’re taking a stroll along The Strand with your future bride or groom. And as you begin to plan the rest of your life together, you start thinking of all the great things that come with a marriage.

And while you imagine a happy and long future, it’s always important to remember the prenup. Yes, the prenup! 

Make sure to have the prenup talk with the love of your life, and it doesn’t hurt to do it on a sunny morning in beautiful Manhattan Beach!  A prenup is a signed document between you and your future spouse filled with information about your financial situation, future goals, and some other non-financial matters, such as insurance requirements and pet ownership. So, without further ado, let’s dive into all things prenups in Manhattan Beach!

The cost of living in Manhattan Beach is approximately 97% higher than the national average, which emphasizes the importance of protecting individual assets for couples. The average cost for a lawyer in California ranges from $165 to $486 per hour. The cost to hire a prenup lawyer can vary based on what assets you and your partner bring to the table and the lawyer’s experience. 

Now, on your next walk along the sandy beach, here are the pros and cons to think about while considering a prenup lawyer. Let’s start with the cons so you can end your walk on a good note.

Generally, you will start with a consultation with the lawyer to help them understand your financial situation and what both parties want from the prenup. Plus, a consultation allows you to determine if the lawyer is a good fit for your needs. Once you agree to engage with an attorney, you will set up an initial intake session or meeting. That is when your chosen lawyer helps you through the process of solidifying your goals for the prenup, discussing your financial background, and answering legal questions. 

The lawyer is there to discuss you and your partner’s unique circumstances. On top of that, they will need to understand your finances, so there will be a significant amount of discussion about that. Once your lawyer has a good idea of your prenup goals and your financial landscape, they can provide legal advice and begin to draft your prenup based on their experience as experts in the field coupled with California state laws. Typically, one attorney drafts an agreement for both parties to look over.

Your lawyer and your partner’s lawyer (if you require them or choose to have them) may negotiate some of the terms on your behalf, or you might move forward to review and finalize the documents. 

As mentioned earlier, prenup lawyers are not divorce lawyers, but if they do practice divorce law, you can employ them as your divorce lawyer if needed.

What makes a prenup legally binding in Manhattan Beach?

In Manhattan Beach, California, in order to have a legally binding prenup, it must be a written document (sorry, verbal communication of a prenup will not hold up in court), willingly signed by both parties and notarized. The prenup should include all information on both parties’ financial situation, including all income, assets, debts, and even future inheritances (this is known as financial disclosure). Under the California Family Code, Section 1615, there is a 7-day rule, where there has to be a total of seven calendar days from when the prenup is finalized and when you and your partner should sign it. 

According to California law, you do not need a lawyer for a prenup as long as you waive your right to one in writing. However, you do need a lawyer in California if you waive or alter spousal support in your prenup. (See Cal. Fam. Code Section 1615(c)). 

Some of the above-mentioned CA prenup laws came about after the infamous Barry Bond case that went all the way to the CA Supreme Court, where they declared a valid prenup is when both parties voluntarily sign, but in order to ensure fairness, came out with the rule of waiving an attorney and the 7-day waiting period.

Now that you know how to find a Manhattan Beach prenup lawyer, what a prenup lawyer does, and the legal process, you might be wondering… Do I need a prenup lawyer?

As mentioned above, a lawyer is not required for a prenup in CA, unless you waive spousal support or alter it in any way that differs from CA law. Any party can waive their right to a lawyer, but they must (1) provide the other party with the waiver and terms, (2) ensure that the prenup is not unconscionable, and (3) follow the 7-day rule. So, one does not need to obtain a lawyer when going through a prenup process (unless you are altering spousal support); however, if you choose not to, you must follow the waiver procedure. 

Remember, the same lawyer cannot represent both parties of the prenup. This is to ensure that each spouse is being properly advocated for, with each party’s interest being looked after.

 You might wonder about the cost comparison between a Manhattan Beach prenup lawyer and HelloPrenup. Let’s break it down.

The average cost of a CA prenup may vary depending on whether you get a lawyer with a flat rate or an hourly rate. The average hourly rate of a lawyer in CA is $358 per hour. Let’s say you have basic prenup goals and simple finances. A prenup may take a lawyer, in that case, around 11 hours (2 hours of consultations/initial meetings, 3 hours of drafting, 4 hours of negotiations, and 2 hours of review/finalization). That would come out to an average of about $3,938 for a prenup in California ($358 x 11 hours). And remember, Manhattan Beach is more expensive than your average town in Cali. 

At HelloPrenup, the rate is $599 per couple, and this includes the entire prenup! You also have the option of adding legal services from local attorneys in California for a flat-rate, discounted price. That’s right–flat rates! Discounted! If you want to waive spousal support in your prenup in CA, you can make sure you do so with legal representation (as required by CA law) and hire an attorney directly through our platform. Let’s say you want to waive spousal support, so you now require legal representation. That will cost you an additional $699. Just have legal questions? That’s a easy $49 per 20-minute Q&A. 

The cost of prenup lawyers may seem daunting, but when you live in an area with valuable property and assets, you want to make sure that you and your loved one are protected. You can always waive the requirement for having an attorney in California (as long as you are not altering spousal support), but always make sure to look at the pros and cons before making any decisions that may impact your future financial situation. 

So next time you’re walking along the sunny Manhattan Beach pier, about to put on your sunscreen for protection, remember that a prenup is also there to protect you and your loved one.