Prenuptial Agreements in California
In California, marriage is governed by a complex set of laws found in the California Family Code and Probate Code. California law allows those entering a marriage to create an agreement that determines how assets will be owned, the character of income, how assets will be treated upon death or divorce, potential spousal support payments in the event of a divorce and other terms that the parties may want to include. California does not allow a premarital agreement to validly address child custody and child support. To ensure that a prenuptial agreement is right for you and to ensure that the agreement is legally valid, you should consult with a family law attorney that has extensive knowledge and experience drafting prenuptial agreements.
Validity of Prenuptial Agreements
In order for a prenuptial agreement to be valid, certain legal requirements must be met. The court has the authority to overlook a prenuptial agreement if the terms are grossly unfair of if one party did not have the opportunity to seek the advice of independent counsel. Other factors may also affect the validity of prenuptial agreements. If you are seeking an enforceable agreement it is imperative that you seek the assistance of a skilled prenuptial agreement attorney.
California is a community property state. The Probate Code and Family Code address community property and circumstances that affect the character of certain assets and income. A premarital agreement can determine all aspects of community and separate property, how assets and liabilities are treated at death, divorce, and during the marriage. Because the circumstances of individuals differ, a prenuptial agreement should be custom drafted in order to meet the particular needs of the parties involved.
Our Firm’s Prenuptial Agreements Practice
The prenuptial agreement attorneys at Arata, Swingle, Van Egmond & Goodwin have knowledgeable and practical experience drafting prenuptial agreements that serve the interests of their clients. The experienced family law attorneys will evaluate your circumstances and will provide you with options on how to proceed with a prenuptial agreement.