A prenuptial agreement, often referred to as a “prenup” or “premarital agreement,” is a legal contract entered into by a couple before they get married or enter into a domestic partnership. In California, as in many other states, the Uniform Premarital Agreement Act (UPAA) governs prenuptial agreements.
A prenuptial agreement typically outlines the rights and responsibilities of each spouse in the event of a divorce, separation, or death. While prenuptial agreements can cover various aspects, common elements may include the division of property and debts, spousal support (alimony), and other financial matters.
In California, some key aspects of prenuptial agreements include:
- Full Financial Disclosure: Both parties must provide complete and accurate financial information. Failing to disclose assets or debts could render the agreement unenforceable.
- Voluntariness: Prenuptial agreements must be entered into voluntarily by both parties without coercion or duress. Each party should have the opportunity to seek independent legal advice before signing.
- Fairness: The terms of the agreement should be fair and not unconscionable. If a court determines that the agreement is grossly unfair or heavily favors one party, it may be set aside.
- No Child Custody/Support Provisions: A prenuptial agreement cannot address child custody or child support issues. These matters are typically determined by the court based on the best interests of the child at the time of divorce or separation.
It’s essential for both parties to consult with separate legal counsel when negotiating and drafting a prenuptial agreement. Having individual legal representation helps ensure that each party understands their rights, the implications of the agreement, and that the agreement is fair and valid.
Keep in mind that laws can change, and it’s always advisable to consult with a family law attorney in California for the most current and accurate information regarding prenuptial agreements in the state.
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