California Prenuptial Agreement Form

Getting married is one of the brightest milestones in life. Creating a California Prenuptial Agreement Form can help you protect your personal assets and savings obtained in the pre-marital period.

Signing a Prenuptial Agreement does not necessarily mean that you have no faith in your marriage and relationship in general. It means that you are opting to prevent undesirable outcomes and circumstances in case of a divorce. Using a prenuptial agreement template has become a common practice throughout western countries, and it does not have to do with owning a substantial amount of monetary funds. Even if you do not run a business or keep a lot of money on your bank accounts, this paper will help you solve financial disputes as fairly as possible.

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You may study the CA Family Code (Section 1611) for more information about the prenup agreement compilation. It is highly advisable to request the assistance of a professional legal consultant before signing the binding contract.

We also advise you to use our latest form-building software to get a customized California Prenuptial Agreement Form.

California Prenup Laws and Requirements

As you probably already know, each state has its legal peculiarities and policies concerning family and marriage issues. Please get acquainted with the guidelines and recommendations provided below.

Signing Requirements

Both spouses have to willfully and voluntarily sign the paper in writing for the document to have legal effect. You are not required to notarize the form, although we highly recommend you to do so.

Enforceability

According to the Family Code, such agreements are enforceable in California without consideration if both spouses have agreed to indicated conditions in writing. As described in Section 1613 of the Code, a premarital agreement becomes effective upon marriage commencement. If a marriage is considered void at the end of the day, the Prenuptial Agreement will most probably be annulled as well.


Court Refusal

The court might decline your Agreement application without explaining particular reasons. It does not happen very often, but it is a possibility. For such cases, you shall study local courts’ common practices and look for precedents of your specific case.

Other than that, always try to refer to particular parts of the local law to prove your point before the judge.

What Prenups Can Cover

Usually, a premarital agreement is dedicated to presenting all assets, real or personal property belonging to either party, information about each spouses’ debts, mortgage, vehicle loans, and other monetary matters. All that and other relevant info should be disclosed in the agreement by default to give both parties an understanding of each other’s financial heritage.

The contract is not supposed to describe custody details or child support in case of marriage dissolution. It is considered illegal as each child-related case has to be looked into properly to provide the best conditions for the minor child.

Property Type

The court will evaluate the family’s real estate possession and decide on its distribution according to the financial disclosure attached to this contract in the event of divorce. Most commonly, the court divides the property equally unless the formerly married couple has not agreed upon community property in any other way.

A Prenup seems to be quite complicated, but it is a handy legal tool. People who believe in the necessity to protect their assets and their kids’ inheritance can rely on it. If you and your spouse have not agreed on creating this form before registering your legal relationship, there remains a possibility to sign a Postnuptial Agreement.

Published: Feb 23, 2021