Prenup Questions

What can't be asked/included in a prenup? For instance, infidelity clauses are accepted in the U.S.?

Prenups cannot include terms related to child custody or child support. Infidelity clauses or clauses that address substance use or gambling are generally not enforceable, as they are considered against public policy.

How to make a prenup? Do you need to hire a lawyer and/or pay any specific fees?

To create a valid prenup in California, you will both need to hire a lawyer to ensure it meets all legal requirements and is enforceable. Each party should have their own attorney to avoid conflicts of interest.

Does a prenup need to be notarized?

No, there is no legal requirement in California for notarization, but we generally recommend it.

If the couple divorce, are the terms of the prenup automatically executed, or are there situations where the law “overrules” the prenup?

Generally, the terms of a prenup are executed as written. However, a court can overrule a prenup if it is found to be unconscionable, signed under duress, or if it includes illegal or unenforceable provisions. In California, the court has recently been focused on the voluntariness of a prenup and has found that some limits on spousal support are unconscionable.