Should I get a Prenuptial Agreement before I get married in California?

When making this decision, it is important to have an understanding of what Prenuptial Agreements can and cannot include in California.

A prenuptial agreement is a contract between an engaged couple which takes effect when they get married. It is enforced if and when the parties divorce. It is generally a tool used by wealthy people who have assets, and who want certainty as to how their assets will be divided in the event that their marriage winds up in divorce. The parties can alter the general rules regarding spousal support and division of community property with this agreement.

In order to be enforceable, the party seeking to limit spousal support must fully disclose the Prenuptial agreement in Californiaextent of his or her assets and financial resources. There must be no coercion involved, and the other party must understand what s/he is signing and giving up. Along those lines, the party who is agreeing to limit or waive spousal support must have the agreement reviewed by his or her own independent counsel before signing it.  California law requires seven days between the time when the party, whose rights will be limited, is first presented with the agreement, and the time when s/he signs the agreement.

A prenuptial agreement must not be unconscionable at the time of enforcement. Since a parties financial circumstances may change during the course of his or her marriage, that makes it difficult to predict in advance whether or not the agreement will be legally enforced when the parties separate or divorce.

A prenuptial agreement cannot include issues regarding child support or child custody. It also cannot include agreements regarding obligations that arise during marriage, such as household chores, sexual relations or penalties for adultery.

It is advisable to be represented by counsel when entering into a prenuptial agreement, to ensure that you have compiled with all of the legal requirements. Otherwise, there is a good chance that the agreement may invalidated by the court when the parties get divorced.