How do Prenups Work in California?

Tierney Law Group


Just like other states, California has its own set of rules regarding prenuptial agreements. Also simply known as a prenup, this is a legal document that two people sign before they get married. Essentially, it determines what a spouse is entitled to and what happens with the couple’s debts and assets if they eventually divorce.

The Uniform Premarital Agreement determines the procedures and requirements for prenups. It requires the following in order for a prenuptial agreement to be valid:

• It must be in the form of a written contract
• There must be lawful terms outlined on the contract
• Both parties must sign the prenup
• Both parties must sign voluntarily and not due to duress, coercion, deceit or intimidation
• The contract must be signed by a notary
• The parties have at least seven days to seek independent legal counsel prior to signing a prenup

The prenuptial agreement deals with certain matters relevant to the marriage. The following can be included in a prenup:

• Protections against the other spouse’s debts
• Provisions for children from prior relationships
• Protections for keeping family property within the family
• Protections for estate plans
• Directions on how property should be distributed in the event of a divorce
• Descriptions of the responsibilities of each spouse

Certain things cannot be included in a prenuptial agreement. They include the following:

• Issues that involve child custody and child support
• Spousal maintenance requirements if the spouse decided not to retain an attorney before signing
• Any requirements involving illegal acts
• Unfair, unjust, deceptive or exploitive terms
• Non-financial requirements
• Terms regarding the relationship

Verbal prenups are also not allowed by the court.

If you live in California and have questions or concerns about a prenuptial agreement, you need a Dublin Family Law lawyer on your side. The Dublin CA divorce attorneys are there to protect your interests. Contact a Dublin Family Law attorney at your earliest convenience.

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