Premarital / Prenuptial Agreements

A premarital or prenuptial agreement is an agreement regarding financial issues that is made between an engaged couple that will take effect when they get married.

California’s Uniform Premarital Agreement Act governs premarital or prenuptial agreements in California.  The text of the Act can be found here.

Premarital agreements can and should deal with the following issues:

• Spousal support: Both parties must have counsel and enforcement of the spousal support provisions cannot be unconscionable at the time of dissolution
• Financial disclosures: The parties must disclose their finances to each other
• Community property
• Separate property
• Other financial issues

Premarital agreements cannot deal with the following issues:

• Child custody and visitation
• Child support
• Obligations during marriage, such as household chores or frequency of sexual relations
• Penalties for adultery

OTHER CONSIDERATIONS:

• Premarital agreements must be in writing:  Oral agreements are not enforceable.
• Premarital agreements are more likely to be enforceable in a court of law if both parties are represented by legal counsel:  If both parties have had the advice and counsel of an attorney to negotiate and explain the pre-nuptial agreement, the agreement will be much more likely to hold up in court.  It is significantly more difficult for a party to argue that they did not understand the agreement or were coerced into signing it if they had the benefit of legal representation.
• There must be at least seven days between when the party is presented with the agreement and when it is signed. 
• Premarital agreements can be amended or revoked after marriage:  If your situation changes, so can your premarital agreement.  An attorney can help ensure that your premarital agreement is amended or revoked appropriately.