Certified Family Law Specialists
California Prenuptial Agreements

A prenuptial agreement, also known as a premarital agreement, is a contract between two people who are getting married. It determines how a couple will handle their finances and establishes the property and financial rights of each member of the couple in the event of a divorce.

By entering into a premarital agreement, the parties are essentially contracting out of the community property laws in California, that would govern the parties’ respective rights and responsibilities should the parties’ marriage end in divorce. For example, a couple may want their earnings during marriage to be their separate property or they may wish to establish their own parameters as it relates to their spousal support rights and obligations.

During the prenuptial agreement process, you’ll get personalized advice according to the specifics of your situation. Getting help from expert prenuptial agreement lawyers in Orange County is often the best option for you and your future spouse.

The hope is that you will sign your premarital agreement, file it away, and never end up having to look at it again. However, there is something to said for having the security that comes with knowing, if your marriage did end in divorce, that your financial rights and responsibilities have already been negotiated. Prenups are especially popular for people who are marrying for a second time and beyond. Contrary to popular belief, premarital agreements are not just for couples who have an uneven distribution of wealth or lots of money and assets.

Having a premarital agreement may prevent stress, cost and time delays associated with divorce. It may provide a predictable spousal support award, which will eliminate costly and speculative litigation.

Outcomes as outlined in a premarital agreement could be more fair due to the fact the parties were negotiating the terms at a time when they are more cooperative (prior to marriage) compared to when they are at odds with each other in a divorce setting.

By going through the process of creating a premarital agreement, one becomes informed about the marital legal obligations that would apply absent a premarital agreement and may contract around these obligations.

It’s helpful to get input from premarital agreement lawyers that specialize in California family law.

Can a Premarital Agreement be Modified?
You can modify a premarital agreement as long as both parties approve of the changes. However, this can be problematic as any change would constitute a post-marital agreement – which may be more difficult to enforce in the event of a divorce. Verbal agreements to modify a premarital agreement are not valid. If you want to modify a premarital agreement, you should consult with an attorney about how to accomplish your goals.

Is it required that my future spouse have their own attorney?
While the law does not require it (except in certain circumstances), our office will only work on premarital agreements if both parties have an attorney to guide them. We do not waiver from this rule because if only one side has an attorney, and the other does not, the agreement may be more susceptible to attack should the party without an attorney attempt to invalidate the premarital agreement.

Why should I hire an attorney who specializes in family law?
The attorneys at our law firm are experienced and knowledgeable in all aspects of premarital agreements, and dedicated to making sure you are able to enter into a premarital agreement that provides you and your family with financial stability and peace of mind. Our attorneys are Certified Family Law Specialists, certified by the State Bar of California Board of Legal Specialization.

What provisions are allowed to be included in a premarital agreement? What rights are parties allowed to alter by way of a contract?
• The property rights and obligations of each of the parties, meaning all assets and all debts of either or both of the parties.
• The right to buy, sell, use, transfer, encumber, dispose of, or otherwise manage and control property.
• The disposition of property upon separation, marital dissolution, or death.
• The making of a will, trust or other arrangement to carry out the provisions of the agreement.
• Spousal support obligations, including dollar amount and duration, or an absolute termination.

What subject matter is NOT appropriate to be included in a premarital agreement?
1. The right to child support may not be adversely affected by a premarital agreement. Even if parties unknowingly include a limitation or waiver of child support in their premarital agreement, that will not be found to be enforceable as it opposes public policy.
2. Child custody arrangements should also not be included, and if they are, they are not going to be enforceable.