Learn the basics of prenuptial (pre-marital) agreements and how they work in California.

f you’re planning to get married, a prenuptial agreement (also known as a “premarital agreement,” or sometimes simply a “prenup”) might be the last thing on your mind. On the other hand, if it isn’t your first marriage, or if you have significant property or savings built up, you may already be wondering if a prenup would be a good idea. Whatever your situation, a premarital agreement can provide you and your new spouse with clarity regarding what will happen with your property and finances if the two of you split up in the future.

Legal Requirements of California Prenuptial Agreements

The Uniform Premarital Agreement Act (UPAA) has applied to California prenups since 1986. In general, this law states that written prenuptial agreements signed by both parties will automatically become effective once the couple marries. An agreement can cover a couple’s present and future property rights, as well as other matters related to the marriage, but it can’t negatively affect a child’s right to child support, or take away a court’s power to control child custody and visitation after marriage.

Principles of general contract law also apply to prenuptial agreements. Agreements require valid consent, meaning that a person must have the mental ability to consent, and that consent cannot be the result of fraud, inappropriate influence, or mistake.

Amendments to the UPAA that apply to California prenuptial agreements made after 2002 state that agreements will be enforced against a spouseonly if that spouse:

Read more here: http://bit.ly/2I0i5gD

Shared from: divorcenet.com