So, you've decided to tie the knot - congratulations! Before you legalize your union, however, you may want to consider whether a prenuptial agreement could benefit your marriage. Drafting a prenup can help you maintain an equitable marriage and form an even stronger bond with your partner.
At Feinberg & Waller, APC, our Calabasas prenuptial agreement attorneys help clients draft comprehensive prenups that enable them to protect their assets and interests throughout their marriage.
How Do Prenups Work in California?
California courts utilize The Uniform Premarital Agreement Act (UPAA) when evaluating prenups, meaning that a prenuptial agreement signed by both parties automatically goes into effect once they marry.
According to the UPAA, prenups are only enforceable if:
- Both parties completely disclose their property holdings and finances to each other prior to signing;
- Both parties had at least seven days to evaluate the prenup before signing;
- Each party was represented by a separate attorney when drafting and signing the prenup.
Additionally, prenuptial agreements can only contain terms for the following:
- Whether either party should receive spousal support in the event of a divorce;
- How to divide property during a divorce;
- How to separate community property (like earnings) during the marriage and divorce.
The terms and conditions within a prenup must be reasonable. If a prenup contains "unconscionable" terms (such as perhaps barring spousal support in a marriage where the potential payor could easily afford it and the other party is in dire need of support), a court may not decide to uphold the prenup.
Couples that want to ensure they maintain an equitable division of property throughout their marriage (and in the event of a divorce) should strongly consider signing a prenup.
At Feinberg & Waller, APC, our Calabasas prenuptial agreement attorney will work with you and your soon-to-be-spouse's attorney to establish equitable terms for your marital agreement.
Do Prenups Expire in California?
Prenuptial agreements in California are contracts, and as such do not “expire” on their own absent language to that effect in the agreement, regardless of the length of the marriage. Prenups are designed to go into effect should the marriage take place. However, those interested in creating a timetable for expiration may do so through a "sunset clause."
This is a provision that ceases the effectiveness of a contract when a specified date is named.
Couples who utilize sunset clauses do so when they are comfortable with their marriage and do not see the benefit of having a prenup from many years ago. Call our office today for more information if your specific predicament requires this service.
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