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California Premarital / Prenuptial Agreements : Personal Service Law Firm, Bankruptcy, Family Law, Criminal Law, Personal Injury

California Premarital / Prenuptial Agreements

In California the law permits parties in contemplation of marriage to enter into written contracts, known as premarital agreements or prenuptial agreements, with regard to the division of property, and the establishment or waiver of spousal support upon the dissolution of their marriage (Divorce).

Premarital or prenuptial agreements are controlled by the California Premarital Agreement Act (CPAA).  The CPAA was enacted in 1988 with the primary purpose of ensuring that premarital agreements were executed and enforced in a fair and equitable manner.

The requirements for a properly executed premarital agreement are:

        1.      In writing and signed by all parties.
       
2.     The agreement must be entered into voluntarily. 

For an agreement to be voluntary the person waiving their rights must have;

(a)   independent representation of counsel or explicitly waive representation;
(b)   at least seven days to review the agreement before signing;
(c)   the agreement may not be entered into under fraud, duress, or undue influence; 
(d)   Additional relevant factors may also be considered by the Court. 

         3.     The agreement must not be unconscionable at the time of execution. 

For an agreement to be unconscionable the person waiving their rights must show that before the execution of the agreement;

(a)   they were not provided fair, reasonable and full disclosure of all property and obligations;
(b)   they did not expressly and in writing waive any right of disclosure;
(c)   they did not have, or reasonably could have had, adequate knowledge of the property or financial obligations. 

Additionally, a Court will not enforce an agreement that it considers offensive to justice, encourages divorce, or if the lack of spousal support would force a party to receive public assistance.

If you are presently in contemplation of marriage and are seriously considering a premarital or prenuptial agreement it is strongly recommended that you seek the expertise of an experienced attorney. 

At the Spear Law Firm we can assist you with these complicated matters.  We are knowledgeable of all laws and aspects of the California Premarital Agreement Act and the subtle differences between California and sister state laws.  For more information, contact the Spear Law Firm of the San Fernando Valley in Tarzana today at (877) 327-5291 / 8-SPEARLAW-1.