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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  • Same Sex Marriage

    Same sex marriage is a highly topical and much-debated issue in the United States. At the time of writing, onl...
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  • Family Law Firm

    Lawyers everywhere are starting to realize that they are tired of working for other lawyers and having to live...
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  • Marriage and Ownership of Estate

    When you get married, unless a prenuptial is signed, the two of you share all assets and properties together. ...
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  • Is my prenup invalid?

    Question: I got married 3 years ago in California and my wife signed a prenuptial. Now she says the prenuptial...
    • Site: divorcelawfirms.com

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