California Prenuptial Agreement Law
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California prenuptial agreement law. Many people that are considering marriage have a prenuptial agreement which helps to establish many factors associated with finances and possibly other aspects of the marriage. Prenuptial agreement california law in california prenups are governed by the uniform premarital agreement act of 1986 upaa. Prenuptial agreements can help protect assets and income and protect spouses from default divorce rules. Child support is a childs right not a parents so parents cannot contract away a childs right to support.
Chico california prenuptial laws lawyer prenuptial laws. Many individuals enter into prenuptial agreements in california as a precaution in case of divorce. California law has a few stipulations which need to be followed in order for a prenup to be legal. Our orange county prenuptial agreement attorney will carefully negotiate between the spouses and draft your prenuptial agreement with great care.
Under section 1611 of the california family law code a prenuptial agreement california must be in writing. Whats a prenuptial agreement. A pre nuptial agreement sometimes known as a premarital agreement or a prenup is an agreement regarding the property rights of a married couple. Oral agreements are worth the paper that they are written on.
Upaa sets out certain basic requirements for the agreement to be valid. Under the uniform premarital agreement act upaa a prenuptial or premarital agreement is an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. Legal requirements of california prenuptial agreements the uniform premarital agreement act upaa has applied to california prenups since 1986. What laws govern prenuptial agreements.
When creating a prenup it is best for each person to hire a lawyer to represent them as both partners bring different assets and will want to protect different priorities. California prenups cannot regulate child custody or child support these are areas that are left to the courts authority based on what is in the childs best interests and at least in part on the california child support guidelines.
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