California Statute Prenuptial Agreement

A prenuptial agreement, also known as a prenup, is a legal document that outlines the financial arrangements between two parties before they get married. These agreements are often used to protect wealth or assets that one party brings into the marriage or to outline how property will be divided in the event of a divorce.

In California, prenuptial agreements are governed by the California Family Code. Section 1610 of the code specifically outlines the requirements for a valid prenuptial agreement in California.

One requirement is that the prenup must be in writing and signed by both parties. Additionally, the agreement must be executed before the marriage takes place, and both parties must have the opportunity to consult with their own attorneys before signing.

It is also important to note that the terms of the prenup cannot be unconscionable. This means that the terms cannot be so one-sided that they are fundamentally unfair to one of the parties. If a court finds that a prenuptial agreement is unconscionable, it may refuse to enforce it.

Some common issues addressed in prenuptial agreements include property rights, spousal support, and division of assets in the event of divorce. Prenups can also include provisions around inheritance, debt, and business ownership.

It is important to work with an experienced attorney who specializes in family law when drafting a prenuptial agreement in California. This will ensure that the agreement meets all legal requirements and adequately protects both parties.

In conclusion, prenuptial agreements are a useful tool for couples who want to establish clear financial arrangements before getting married. In California, prenups are governed by the California Family Code and must meet specific requirements to be considered legally binding. Working with a knowledgeable attorney can help ensure that your prenuptial agreement is valid and offers the protection that you need.