California Prenuptial Agreement
A California Prenuptial Agreement is an agreement between two people who reside in California and are anticipating getting married. The agreement becomes effective upon marriage, and deals with a wide variety of issues (including property) between prospective spouses. These issues usually include:
- Each parties’ rights and obligations concerning property owned by either or both of them before the marriage.
- Each parties’ rights and obligations concerning property acquired by either or both of them after the marriage.
- The disposition of property upon separation, divorce, or death.
- The law governing the agreement.
- Any other matter, including their personal rights and obligations that is not in violation of public policy or a statute.
Having a Prenuptial Agreement may, in fact, actually strengthen a couple’s relationship. The process of drafting a California Prenuptial Agreement requires that both parties fully disclose their financial situation and requires each party to openly and honestly discuss how the couple will handle their money and plan for their future. Prenuptial agreements actually better prepare couples for marriage by forcing them to discuss certain important financial issues such as how money is to be earned and how it is to be spent.
A properly prepared and executed premarital agreement provides both parties with some measure of certainty as to how property and debts will be divided if their marriage is unsuccessful. It can also provide that your spouse never acquires a community property interest in your separate property.
What a Prenup or Postnup cannot do
A California Prenuptial Agreement cannot control child custody or child support. A prenuptial agreement cannot control a person’s behavior and they cannot punish a spouse for being unfaithful. These types of agreements also cannot regulate the practice of religion.
There are strict requirements for the drafting and execution ofyour California prenuptial agreement. A premarital agreement must be in writing and voluntarily signed by both parties. For execution to be voluntary, the party waiving rights under the agreement must have been represented by or have explicitly waived independent counsel, have had at least seven days to look the agreement over before signing, and have not been subjected to any duress, fraud or undue influence before execution. The statute also allows the court to look at any other factors it deems relevant in analyzing the voluntariness of the execution.
The law also provides for opportunity of reasonable and full disclosure of property of financial obligations of the parties, prior to execution.
Get help with your California family law documents today!
A People’s Choice can save you hundreds of dollars by preparing your prenuptial agreement instead of an expensive attorney!
|Pre or postnuptial Agreement (basic)||$250|
|Nuptial Agreement with complex, custom clauses||$500|
- Pre or postnuptial Agreement (basic) – $250
- Nuptial Agreement with complex, custom clauses – $500