California Prenuptial

A California prenuptial, also referred to as a premarital agreement, is a legal document enacted prior to a couple entering into marriage. A prenuptial agreement is typically sought after by individuals looking to protect current and future assets and income when entering into a marriage contract. In order for a California prenuptial agreement to be valid, it must: Be in writing; Be signed by both parties; Not be signed under duress or force; Include full and fair disclosure of financial affairs prior to the time when the document was executed by both parties; The agreement cannot be unconscionable. Prenuptial agreements executed within the U.S. are not allowed to specify stipulations regarding children of the marriage as the family courts believe that those decisions should be made at the time they are relevant, and should involve what is in the best interests of the child or children at that time.

Fast Facts

  • Southern California has a higher rate of prenuptial agreements than the rest of the country, and a significantly higher per capital divorce rate.

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