Prenuptial Agreement
A California Prenuptial Agreement is an agreement between two persons who are contemplating marriage that sets out how they will hold title to property during marriage, and how it will be divided in the event the marriage ends in divorce. It can also provide for how spousal support, if any, will be decided in the event the marriage ends in divorce.
This type of provision is new to California and the limits are still being defined by the courts. Until recently it was not possible to contractual agree on spousal support obligations or waive them under California law. It is still not possible to decide issues relating to custody of children or the support of children in a Prenuptial Agreement. Because of the complexity of California law dealing with how property is divided after a divorce, if one of the parties to a marriage has a pre marital business, or any significant assets, or substantial income, it is imperative that a Prenuptial Agreement be negotiated and signed before marriage.
By doing so, it will not only allow the parties to become informed about how marriage can affect their estates, but can save a small fortune in legal fees in the event of a divorce. Because each person's situation is unique, and the law complex and difficult, a Prenuptial Agreement should be tailored to each parties particular circumstances and prepared by a Certified Expert in California Family Law.
