PRENUPTIAL/POSTNUPTIAL AGREEMENTS

 

What is the difference between a Prenuptial and Postnuptial Agreements?

Prenuptial Agreement determines the property rights of the parties prior to marriage and Postnuptial Agreement determines the property rights of the parties after marriage. Postnuptial Agreement can be used to modify an existing Prenuptial Agreement.

 

Do I need a Prenuptial Agreement?

This is a personal decision for the parties that are contemplating marriage and want to determine their property rights in case of dissolution instead of the property being divided under California Family Law. You need to contact an attorney to discuss your particular situation.

 

How can I be sure that the Prenuptial Agreement is valid?

You need to consult with an attorney to make sure the Premarital Agreement (“Agreement”) will be valid. These are just a couple of factors that would come into consideration:

  • The Agreement has to be in writing, signed by both parties.
  • It becomes effective upon marriage and thereafter may be revoked or amended only by a written agreement signed by the parties.
  • Whether the party against whom the Agreement is enforced was represented by an independent legal counsel.
  • Whether the party against whom the Agreement is enforced had at least 7 days to review it before it was signed.
  • Agreements that promote dissolution are unenforceable.

 

Can a party to the Prenuptial Agreement waive spousal support? 

Public policy does not prohibit premarital spousal support waivers that are entered into voluntarily by intelligent, self-sufficient, well-educated people who have the advice of counsel. There are some exceptions to the enforcement. The waiver might be unenforceable if it is unconscionable at the time of the dissolution.

 

Can child support be adversely affected by the Prenuptial Agreement?

No.