Prenuptial agreements in California are governed by California’s Uniform Premarital Agreement Act. You can find the official version here.
Under this act, a prenuptial agreeement California is known as a premarital agreement. Section 1610 of the California Family Law Code defines what a premarital agreement is – basically it is an agreement made by an engaged couple that will take effect when they get married. Section 1610 also defines what property is, and the definition is very broad, encompassing pretty much anything of value.
Under section 1611 of the California Family Law Code, a prenuptial agreement California must be in writing. Oral agreements are worth the paper that they are written on.
The next section, California Family Law Code section 1612, sets out what can and can’t be in a prenuptial agreement California. This is fairly similar to most other states. Generally any financial issue can be dealt with in a premarital agreement. Issues relating to children, including child support and custody are not permitted. Nor is one allowed to contract about obligations during the marriage, such as household chores, frequency of sexual relations, or penalties for adultery.
California has special provisions regarding spousal support in prenuptial agreements. Basically, provisions regarding spousal support will not be enforced unless the person whose receipt of spousal support is limited or waived had independent counsel before entering into the agreement. As well, provisions regarding spousal support will not be enforced if they are unconscionable at the time of enforcement. This means that it is impossible to determine in advance whether a spousal support provision will be enforceable when you separate, as your financial circumstances can change at any time.
Section 1613 of the California Family Law Code provides that a premarital agreement becomes effective upon marriage.
Under section 1614 of the California Family Law Code, you are allowed to amend or revoke your prenuptial agreement California after you get married, following similar procedures as the initial creation of the agreement.
Probably the most important part of the California Uniform Premarital Agreement Act is found in section 1615, which sets out when a prenuptial agreement California is enforceable, and when it isn’t. The usual caveats apply here: there must be financial disclosure, the premarital agreement must not be unconscionable, there must not be any coercion, and the parties must understand what they are signing. California requires that there be at least seven days between when a party is first presented with an agreement and when the agreement is signed.
The final two sections of the California Uniform Premarital Agreement Act are basically housekeeping provisions. Section 1616 of the California Family Law Code deals with what happens regarding a prenuptial agreement California if your marriage is void (i.e. what happens if your marriage is ended by annulment rather than by divorce). Section 1617 of the California Family Law Code ensures that the statute of limitations for actions regarding premarital agreements don’t run during the course of a marriage.
I HAVE A QUESTION NOT A COMMENT
I HAVE A QUESTION NOT A COMMENT
CAN “prenuptial agreement BE MADE AFTER WE HAVE BEEN MARRIED FOR ABOUT 10 YEARS ? IF NOT CAN ANYTHING LEGALLY BE MADE TO ITEMIZE WHAT I KEEP AND WHAT SHE KEEP IN DIVORCE MATER. I KEPT ALMOST EVERYTHING SEPARATE LIKE CHECKING , SALARIES, PROPERTIES ….ECT AND SO DID SHE. WE NEVER SHARED ANYTHING ESPECIALLY LIQUID ASSETS.
I WANT AT LEAST TO A SEPARATION.
PREnuptial means before marriage. But you can come up with an agreement in the divorce documents about how you want assets divided.
i was told if i didnt sign a pre nup that my then to be husband would not marry me … so i signed but i did not fully understand all the legal side of this … can u please advise me on whether i can contest this pre nup thank you
Biri, A postnuptual agreement can be made after a marriage. Mandy, a good lawer could probably get you out of that prenup.
Please excuse the few typos on my previous “comment”. I’m writing you from my iPhone.
Patty
Can a Prenuptial help to prevent debt being collected from the other spouse?
Thanks
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I’m going to marry the US Citizen. We’re preparing the prenuptial agreement. Under Californian rule, does foreign asset have to be included in the agreement?
I have a question… I have a prenup, later in the marriage a joint trust was written that did not speciifally point out either separate or community property. Will the prenup hold?
Also… California law in the above comment.
I have question can a prenuptial help to prevent a debt of child support coming out of new spouse gross.
Me and my finace are thinking about doing a prenup. We currently live in KY where both of our drivers’ license are from and marriage license will be filed. However, we will be moving in a year to another state. Do we need to do prenup in both states or just KY?
Thanks
I just learned about my fiance’s property (in Russia). I suggested a pre-nup to keep her assets protected, as I have a vindictive ex. I started to file an online prenup, but Im concerned it won’t be valid by our wedding date (9/13). Don’t we just need to got to a notary to validate it?
Must a prenuptial agreement be filed in court or with a county?
@Ron – No, prenuptial agreements are not filed anywhere.
Is it true that a prenutial agreement should be signed and witnessed by 2 – Notaries to make it valid in Calif.?
if I sign the prenuptial, What will happen to the asset that we will have after the marriage?
if me and my spouse get married and we have one child already together before marriage and my spouse already has four other kids before marriage if there’s a prenuptial agreement in effect will I be responsible for paying his child support debts and if so can I set a prenuptial agreement to where I don’t have to pay his child support that’s why we’re married or divorced
HI, I’m doing a Justice and Law project on a movie called Liar Liar, and in it the case deals with a divorce. The girl who wants money from her husband committed adultery which to my understanding means that she wouldn’t get anything with the prenuptial agreement. But, she was 17 and lied about her age when signing it. She ended up getting half of his assets. Why did she get the money if the prenuptial agreement wasn’t legal and she still committed adultery? Either way shouldn’t she not get the money? This took place in CA for the movie.
do prenuptial agreements work with government agencies? Ie: money owed to County?
I have a pre-nup which excludes my home that that I owned prior to meeting my new husband. We have been married 10 yrs now. I understand the home is protected, but if I sell(need to move) are the proceeds also protected?
Is the prenup void if your partner dies?
I WANT TO ENTER INTO A PRE-NUP WITH AN ILLEGAL “ALIEN” (SORRY I HATE THAT WORD); IS THAT STILL VALID? DO BOTH PARTIES NEED TO BE US CITIZENS?
I was forced to sign a pre-nup just 2 days before our wedding day. It was sprung on me last minute.
Does the 7 day rule apply if we were married in 1998?
Hi, I’m a screenwriter and I’m about to marry someone in California. Can a pre-nup protect me to having to divide the money from future scripts I write during the marriage in case of divorce?
I signed a pre-nup before I married my husband 29 years ago. Is it still valid after such a long term marriage?
[…] Prenuptial Agreement California – PrenuptialAgreements.org – PREnuptial means before marriage. But you can come up with an agreement in the divorce documents about how you want assets divided. […]
what if u didn’t give a thought to being married butt
u wounder if u need confermation before thinking u want a devores ?
Please help me : should the Prenuptial agreements be signed exclusively in the presence of both sides attorneys , my be it need to go to notaries, or it can be signed simply only between bride and groom and each will keeps its own copy of the Contract
Hello, my question is… The prenuptial agreement can be signed only by a notary public? Or do I still need to get the signature of an attorney? I am in California.
Thank you
Ivan
Thank you. this has been very informative