1. Yes, it can be done.
2. The most critical requirements for a valid premarital agreement are complete disclosure of both parties' finances, and a clear understanding of the effect of such an agreement by both parties. You need to hire a competent experienced family law attorney to do this agreement properly, and if it's not done right, you will spend much more in attorney fees fighting over the validity in the event of a divorce. Price should NOT be the only consideration, and this is NOT a do-it-yourself project, (unless, as in my case, you're a family law lawyer who married another family law lawyer).
Possibly. Depends on the facts. Each party's education, work experience, earnings, age, etc.. All of the factors will determine whether or not the court will find the agreement unconscionable at a later time. Pre-nups are in the $1500 to $3000 range for most, depending on what is included. A lot of specialized provisions may even make it cost more than that. And. both sides need separate lawyers.
Michael Schwerin, San Jose, California phone: 408-295-4232 email: email@example.com. Consultation fees, rates and retainers vary based on need and ability to pay.
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