Any person who gets married in California and has large assets, business interests, investments, or other wealth, is wise to think about whether or not a prenuptial agreement is the right choice for them. At Law Offices of Torrence L. Howell we can go over your assets to determine the right way forward. Call us at (909) 920-0908 to get started, but in the meantime keep reading to discover some things that can and cannot be included in California prenuptial agreements.
What Is Not Allowed in a California Prenuptial Agreement
It is easier to look at the items that cannot be included in a prenuptial agreement because there are fewer of them. In most cases, you can add just about anything you want to a prenuptial agreement – unless the state as specifically barred it. We will cover some of the things the state of California has barred from prenuptial agreements below.
Prenuptial Agreements Cannot Include Public Policy Violations
The court will look at public policy when deciding what limitations should be put on any contract or agreement, including a prenuptial agreement. The court wants people to be free to make decisions for their own benefit, but believes that there should be some interests protected. For example, any term that involved violence, forced sexual behavior, or another type of harm would not be allowed in a prenuptial agreement.
Unconscionable Agreements Are Not Valid
A California court will not enforce an agreement that is considered to be entirely unfair. For example, if the terms are entirely one-sided to the point that the court does not believe someone would have signed it understanding what it said, then they will not enforce it. The court often refers to these as traps and the yare unenforceable.
Child Custody and Child Support Cannot Be Included
When it comes to children, the courts find that their well being is more important than anything else. As a result, they will not uphold information in prenuptial agreements about who gets the children or how much child support will be paid. They make these decisions based on the current factors at the time of divorce – not an agreement that could have been made years yearly when the situation was significantly different.
We Are Standing by to Create an Enforceable Prenuptial Agreement
If you and your spouse add conditions to your prenuptial agreement that are not legally enforceable, a judge could hold that the entire agreement is unenforceable. You do not want to go through the stress, waste the time, or spend the money to make a prenuptial agreement that is not even enforceable.
To learn more about your options, contact Law Offices of Torrence L. Howell at (909) 920-0908. We are happy to go over your needs and find the prenuptial agreement that works for you.