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A prenup may not be perceived as romantic, but it can give you more control over your financial situation and provide peace of mind for both parties approaching marriage. Contact a San Diego prenuptial agreement attorney at Scott Family Law for professional legal guidance in drafting a prenuptial agreement. Contact us online or by calling 1-858-974-4900 for a free initial consultation.
To be of any value, a prenuptial agreement must be enforceable by a judge. The state of California has specific requirements for valid prenups under statutes and case law generated by the courts. This is why it is important to have your prenup prepared by an attorney with significant experience in this area. Our family lawyers are well-versed in what is permissible in prenuptial agreements under the law.
A prenuptial agreement (also known as a prenup or premarital agreement), is a contractual agreement concerning the property rights of a married couple that becomes effective upon their marriage.
Prenups can cover a wide variety of issues and are generally upheld, provided the terms are not in violation of public policy or the law. They may address:
The chief advantage of a prenup is that it gives you more control over your financial future. Without it, your marriage is governed by a complex set of laws over which you have no control. A prenuptial agreement can be drafted to protect both spouses. As it requires full disclosure of financial situations, it can help prepare you for marriage. Prenups can also provide peace of mind, similar to buying insurance for protection in case the worst happens.
Under state law, you can limit or waive spousal support in a prenuptial agreement, provided it is not deemed unconscionable by the court. For example, if one spouse has substantially more income and assets than the other and tries to enforce a spousal support waiver after a lengthy marriage, the judge may not uphold that provision if it would leave the other spouse in a bad financial situation.
A prenuptial agreement in California cannot regulate child custody or child support issues, which are determined by the court based on the child’s best interests. Child support is the right of the child, not the parents.
Our San Diego prenuptial agreement attorneys at Scott Family Law have in-depth knowledge of what is enforceable in a prenup under California law. Call us today to schedule a consultation at 858-974-4900 regarding your prenuptial agreement.