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:
An adequately 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 ensure that your spouse never acquires a community property interest in your separate property.
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.
The law also provides for opportunity of reasonable and full disclosure of property and financial obligations of the parties, before execution.
Waiver of Spousal Support: Any provision in a premarital agreement which provides for spousal support to be waived is not enforceable if the party who is waiving the support did not receive independent advice by an attorney. This advice or counsel must be prior to or at the time the agreement is signed. If the parties are considering waiving spousal support, they will need to get the advice of an attorney. Prenuptial agreements which do not include a provision for the waiver of spousal support can be signed without have attorney representation or counsel.