CALIFORNIA FAMILY.CODE SECTION 1610
“Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
A Premartial Agreement is also referred to as a Prenup, a Prenuptial Agreement, or a Marital Agreement.
Tips for Planning a Prenup or “Premarital agreement” in California.
1. Plan in advance. Any Marital Agreement is much easier to enforce when the parties have had time to review and consider the agreement for some period of time before the weeding. Getting an agreement six months to a year before a wedding date is ideal, but in any event the agreement should be signed and witnessed at least ONE WEEK prior to the weeing. Last-minute contracts are harder to enforce.
2. Don’t let your emotions get the best of you. The roller coaster emotions of falling in love and planning a wedding planning can distort your objectivity. A Prenup is NOT emotional. A Prenup is is as prudent as Estate Planning, and a will. It’s a record your agreement of how you will treat each other in the event you can’t agree.
3. Don’t feel threatened by a Prenup. I have had many clients that say “A good prenup can help our marriage last”. A Prenup that written and agreed to by both parties in advance of marriage helps couples navigate through future difficulties with full knowledge of what they can expect. Without a Prenup, you’re already subject to the future changing laws governing property and marriage. It’s just a fact. If you don’t have actual Prenuptial Contract, you are subject to the rules and laws that may change in the future – whether you like it or not. Without a Prenup you’re passing up the opportunity to decide for yourself.
4. Make your Prenup reasonable and enforceable. If you are preparing a Prenuptial Contract, be sure establish your goals without fault clauses (like “If you cheat, the offending party wll pay the other $1 million”). A good Prenup written by an attorney will result in a contract that is enforceable and provides each spouse with a sense of exactly what they are getting if the marriage ends some day in the future.
5. Research your state’s law regarding marriage and property. Marriage property laws are different in each state, but a well written Prenup can be enforceable even if you relocate during the marriage.
For expert advice, call Roya Rohani for help preparing or reviewing your own premarital agreement.
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CALIFORNIA FAMILY.CODE SECTION 1610
“Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.