A prenup is a legal document used for financial planning and protection. Here’s how to protect yourself with a prenup in California.
Although not required, prenups are commonly used to protect a spouse’s assets. Prenups can outline each spouse’s property rights and legal obligations in divorce.
What May Be Included in a Prenup
The Uniform Premarital Agreement Act (UPAA) clarifies what a prenup in California may include:
- The rights and responsibilities of each party for the property of either spouse
- The right to manage and control property by purchase, sale, transfer, exchange, expansion, lease, etc.
- Disposition of property after separation or death.
- A will, trust, or other arrangements.
- Rights to death benefits, including from a life insurance policy.
- The jurisdiction where the agreement should be recognized
- Personal rights and responsibilities, if not in violation of public policy or state statutes.
California has a seven calendar-day requirement, allowing time for both parties to receive, review, and sign the prenup.
Limitations of a Prenup
California’s Family Code states prenuptial agreements cannot affect rights to child support or child custody. Any article in a prenup regarding the renouncement of spousal support for a child is not enforceable in California courts.
A prenup is not enforceable if either party:
- Entered the agreement involuntarily
- Did not consult or waive their right to legal counsel
- Lacks a fair and reasonable, full disclosure of all property or financial obligations
California courts only consider written prenups as voluntary. A spouse can ‘expressly’ waive the right to legal counsel in a separate document, represented by independent legal counsel.
Distribution of Property
In legal separation and divorce cases without a prenuptial agreement, California enforces the distribution of “community” property. Distribution of property is the process by which the court equitably divides all assets acquired during the marriage. All marital assets are equally divided between spouses.
Marital assets include real estate and personal property purchased, as well as bank accounts and cash acquired during the marriage. Gifts received by one spouse are separate from marital assets.
Assets acquired prior to marriage are not distributed as community property unless a spouse indicates joint ownership in a deed or legal document.
Related: Do California Prenups Protect Future Assets?
FAQs About How to Protect Yourself with a Prenup in California
Can I revoke a California prenup?
Yes. Both parties must sign an agreement to revoke a prenup.
Can my fiancé enforce a signed prenup?
A prenup is effective upon marriage. If a couple is not legally married, a prenup is not enforceable.
Related: How to Enforce a Prenuptial Agreement in California
How long are prenups valid for?
Prenups do not expire in California. Unless otherwise expressed in a written contract, a prenup continues as a valid agreement throughout the marriage.
Related: Do Prenups Expire in California?
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If you or a loved one would like to know more about how to protect yourself with a prenup in California, get your free consultation with one of our divorce attorneys today!