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 (ie 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 strongly advise you to seek legal representation for your prenuptial agreement California. Without legal representation, there is a good chance that your agreement may be invalidated in court. Some attorneys who can help you include:
2. The Law Offices of Warren R. Shiell.
 | Do-it-yourself Prenuptial Agreement |
| Free Consultation with our Attorneys |
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.
Hello, I’m a 40 yr. old lady getting married for the first time. I havo no children and have a great paying job with gray security, benefits and retirement plan. I have no children or real estate at this time. I’m engaged to a terrific man who makes less than half of what I make annually. He has been divorced for 5 yes. and has a 13 and a 7 yr. old boy(s). He hasn’t paid any child support because he had an oral agreement with his wife. She is a Psychiatrist who agreed to waive child support for him if he did not file for spousal alimony. He has the kids every other weekend. I am hoping our marriage lasts, but if not, I do not want home to have access to my retirement fund whatsoever. I wouldn’t want to provide him with alimony either. Can I do this??? Also, can his ex-wife turn around and sue him for back payment of child support? I’m afraid she might do this once she finds out he is remarrying (as she has) and if she finds out my income potential… I apologize for this long “comment”. For your time and assistance, I thank you.
~ Patty
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
[...] wedding, including the Humphries clan brooding over their exclusion from the wedding plans and the California prenup penned by the uber-wealthy Kardashian’s. But despite a few bumps in the road for the happy [...]
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.
My father signed a prenup that she made. The prenuptial said that if they divorce she gets what she came with but if my dad dies she gets everything in the possession of the marriage. Plus I think she had it notierized and she filed it with the recorders office. He signed it when he had pneamonia (sick). So when I showed him he said he didnt know what was in it.. They are not living together but still married and his home isnt in her name. So I was wondering how valid her prenuptial was and would she get his house? Should I hire a lawyer? He said he wants his kids to have his stuff. So I need to find a way to over ride this prenuptail agreement.. .. This woman is what you call a black widow..
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.
I have been married for thirteen years , my husband is eighteen years older than me and I was very young when we met . I lived with him for six years before we married and lived like husband and wife . i had insurance , we had joint credit cards ect. He has a lot of money and before we married he asked me to sign a prenup , he made it seem like he was doing it to protect me. I was young and naive and not interested in his money so I signed it . We were living in Pennsylvania at the time ,we moved to California a few years ago and I was just curious that if we happened to divorce in California is the prenup still valid ?
i
Is it true that a prenutial agreement should be signed and witnessed by 2 – Notaries to make it valid in Calif.?