California Family Code Prenuptial Agreement

When two people decide to get married, they often enter into a prenuptial agreement, commonly referred to as a prenup. This agreement is a legally binding document that outlines how assets and debts will be divided in the event of a divorce.

In California, prenuptial agreements are governed by the California Family Code. The code outlines the requirements that must be met for a prenup to be enforceable in a court of law.

To begin, the prenup must be in writing and signed by both parties. In addition, both parties must have the opportunity to review and understand the terms of the agreement. This means that the agreement should be drafted in clear and concise language that is easily understood by both parties.

California also requires that both parties provide full and fair disclosure of their assets and debts prior to signing the prenup. This means that each party must disclose all of their financial information in order to ensure that the agreement is fair and equitable.

If one party fails to provide full disclosure, the other party may be able to contest the validity of the prenup in court.

Another requirement of a prenup in California is that it cannot be unconscionable. This means that the terms of the agreement cannot be so one-sided that they are unjust or oppressive.

For example, a prenup that completely eliminates one party`s right to alimony or spousal support may be considered unconscionable and therefore unenforceable.

It is important to note that prenups in California can only address specific issues related to property division and financial matters. Child custody and support cannot be addressed in a prenup and must be determined separately by the court.

In summary, if you are considering a prenuptial agreement in California, it is important to familiarize yourself with the California Family Code and work with an experienced attorney to ensure that your agreement is valid and enforceable. By following the requirements set forth in the code, you can protect your assets and ensure a fair and equitable division of property in the event of a divorce.