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Refresher on California Prenuptial Agreements

Prenup.jpgPrenuptial agreements commonly make the news when a celebrity is getting married. It is often assumed that celebrities of great wealth have such an agreement in place prior to their wedding, and speculation is generally made on the details of the possible agreement. For example, just this summer mandy many news outlets including CBS MoneyWatch, debated what Facebook founder Mark Zuckerburg may have done in terms of a pre-nuptial agreement prior to his wedding to Priscilla Chan. Although no details have been made public about any agreement that may be in place, it hasn’t stopped mass speculation about how Zuckerburg has protected his fortune in the event of a separation.
Although these types of agreements are common in the world of wealthy celebrities, are they needed for “everyday” couples? Our Northern California family law attorney believes that in order to determine if an agreement like this is appropriate for your situation it is best to know some basic facts about them.
What is a California Premarital Agreement?
In California “prenuptial agreements” are called premarital agreements. According to the California Family Code Section 1610 a premarital agreement is defined as, “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” The agreement must be in writing and signed by both parties. After the marriage has occurred the agreement may be amended or revoked by a written agreement signed by both parties.
What Can be Included in a Premarital Agreement?
A premarital agreement can cover a wide variety of subjects, including property rights, the creation of a will or trust to carry out the provisions of the premarital agreement, ownership of life insurance benefits, choice of law, and other personal rights. A premarital agreement cannot adversely affect the right of a child to support from either parent. A provision can be made that limits or waives spousal support. However, a provision like this will not be enforceable if the party against whom enforcement of the provision is sought was not represented by independent counsel at the time of the agreement or if it is unconscionable at the time of enforcement.
Getting Legal Help in Northern California
Premarital agreements can be uncomfortable subjects for engaged couples, as they are intended to protect each party in the event of a dissolution of the marriage. However, they can be extremely important for people who are wealthy and/or have children from previous relationships. In addition, having a premarital agreement in place may make a divorce less contentious as most of the details are already in place.
If you believe that a premarital agreement may be beneficial in your personal situation and are interested in learning more about such an agreement do not hesitate to contact our Santa Rosa family law attorney. Our firm can assist you in determining what type of agreement is best for your situation and help make the appropriate arrangements to protect your rights. For a consultation call Beck Law P.C. at 707-576-7175 or contact us online.
See Related Blog Posts:
Benefits and Drawbacks of a Premarital Agreement
Where do I File for a Divorce in California?

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