In California, a premarital agreement, also known as a prenuptial agreement, is an agreement made between prospective spouses who are contemplating marriage. In order to be valid, the agreement must be in writing and signed by both parties. The agreement must also comply with California law. That’s why it’s so important for both parties to speak with an attorney before entering into a premarital agreement.
A premarital agreement becomes effective upon marriage. It’s enforceable without consideration. Once in effect, a premarital agreement can only be amended or revoked by a written agreement signed by the parties.
A Premarital Agreement Can Cover Many Areas
There are many factors to consider when entering into a premarital agreement. A premarital agreement can cover many areas. It can establish:
- The real and personal property rights and obligations of each of the parties
- The right to sell, buy and control the property.
- The disposition of property upon separation, marital dissolution, or death.
- The making of a will, trust, or other arrangements to carry out the provisions of the agreement.
- The ownership of death benefits from a life insurance policy.
- The choice of law governing the construction of the agreement.
- Matters involving personal rights and obligations.
Situations Where a Premarital Agreement May Not Apply
Premarital agreements only apply to real and personal property. Child custody, child support, and visitation rights are decided by the Court according to what is in the best interest of the child.
In addition, some provisions of a premarital agreement regarding spousal support may not be enforceable. These can include situations where the party against whom enforcement of the spousal support provision is sought was not represented by independent counsel at the time the agreement containing the provision was signed, or if the provision regarding spousal support is unconscionable at the time of enforcement.
If You Need Help With a Premarital Agreement Contact Upland CA Family Law Lawyer Torrence L. Howell
A premarital agreement in California can have a big impact on your life. It could prove to be one of the smartest moves you ever made. Make sure your rights and interests are protected in a premarital agreement – contact the law offices of Upland CA Family Law Lawyer Torrence L. Howell.
Torrence L. Howell has represented clients in a wide range of family law matters, including alimony, divorce, child custody, child support, and more for over 20 years. He can help you draft a premarital agreement that addresses all your concerns.
You can reach us through our website or call the law office of Upland CA Family Law Lawyer Torrence L. Howell at (909) 920-0908 to schedule a free consultation to discuss your premarital agreement.