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How do I know if my prenuptial agreement is enforceable?

| Jan 26, 2015 | Family Law |

Many people across California take the opportunity to protect themselves and their assets by having a prenuptial agreement. Historically, this document was often seen as something that only very wealthy people considered. However, because so many couples are getting married later in life, they are entering a marriage with more maturity — and more assets — than in previous generations. This could mean that people are more likely to consider signing a prenuptial agreement.

But simply having a prenup in place does not guarantee that it will be effective. In this post, we will take a look at what California laws say about making sure a prenup is legally enforceable.

In order to be an enforceable document, prenups must be in written form and signed by both parties. They must be signed voluntarily and include full and accurate information. Both parties must be given at least seven days to review the document before signing, and both parties should also understand their option to discuss the document with an attorney. If one person decides not to work with an attorney, such decision must be noted in writing.

Additionally, a prenuptial agreement must not include unenforceable terms. It cannot include anything that could be unlawful, and child support obligation details are generally left out of prenuptial agreements. In a typical prenup, people will include property division or ownership guidelines, specifications on personal obligations and provisions for spousal support. 

What readers should gain from this basic explanation of prenuptial agreement laws in California is a better understanding of what needs to be done to make sure a prenup is legally enforceable.

Many people may fail to have a thorough understanding of what must happen to minimize the chances that a prenup will be challenged and potentially dismissed. Thankfully, every person has the right to speak with a family law attorney prior to signing a prenup to make sure it is both fair and enforceable.

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