PRENUPTIAL/PREMARITAL AGREEMENTS

The property rights of husband and wife prescribed by California community property law may be altered by a premarital agreement or other marital property agreement. “Premarital agreement,” sometimes referred to as a “prenup” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.  “Property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. Premarital agreements are also sometimes termed antenuptial, prenuptial, or antemarital agreements. A premarital agreement becomes effective upon marriage.

Spouses can enter into agreements prior to marriage, called premarital spousal support waivers, which waive any support or liability, including their personal rights and obligations, to another spouse upon divorce (as long as the provisions of the agreement do not encourage a divorce).

When entered into voluntarily by parties who are aware of the effect of the agreement, a premarital waiver of spousal support in case of divorce can be found to be valid.

A waiver of spousal support may be enforced if it is executed by intelligent, well-educated persons, each of whom is self-sufficient in property and earning ability, and both of whom had the advice of counsel regarding their rights and obligations as marital partners at the time they executed the waiver.

Accordingly, a party to a marital settlement agreement may waive the right to receive spousal support. If the spouses separate by agreement, neither owes the other a duty of support unless they otherwise agree, and any right to support after dissolution exists, if at all, only under the terms of the judgment. Thus, a voluntary, knowing, and intelligent waiver of support in a marital settlement agreement will be enforced according to its terms. Also, while a spousal support provision in a settlement agreement is ordinarily subject to modification or termination by the court, it is not if the agreement specifically so states.

A minor may make a valid premarital agreement or other marital property agreement if the minor is emancipated or is otherwise capable of contracting marriage.

Why You Need A Divorce Lawyer For Your Prenuptial Agreement

Prenuptial agreements are very tricky as they can easily be thrown out by the judge depending on the circumstances of the prenuptial agreement and the many steps that must be followed in order for the prenuptial agreement to be considered valid. That’s why it’s important you hire an experienced family law attorney like Michael S. Carrillo to guide you through the necessary steps so that your prenuptial agreement, and your wedding, can go off without a hitch. Call us now for a free consultation. We’ll be happy to answer your questions about prenuptial agreements. Call us at (626) 799-9375.