California Prenuptial Agreement Law
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.
California prenuptial agreement law. 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. Legal requirements of california prenuptial agreements the uniform premarital agreement act upaa has applied to california prenups since 1986. Oral agreements are worth the paper that they are written on.
In general this law states that written prenuptial agreements signed by both parties will automatically become effective once the couple marries. California prenuptial agreement law is not easy to handle on your own because some strict legal requirements must be met. 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. What laws govern prenuptial agreements.
A pre nuptial agreement sometimes known as a premarital agreement or a prenup is an agreement regarding the property rights of a married couple. Whats a prenuptial agreement. Under section 1611 of the california family law code a prenuptial agreement california must be in writing. Williams javellana llp.
Oral agreements are worth the paper that they are written on. Many individuals enter into prenuptial agreements in california as a precaution in case of divorce. Upaa sets out certain basic requirements for the agreement to be valid. Our orange county prenuptial agreement attorney will carefully negotiate between the spouses and draft your prenuptial agreement with great care.
Prenuptial agreements can help protect assets and income and protect spouses from default divorce rules. California law has a few stipulations which need to be followed in order for a prenup to be legal.
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