The Pragmatic Step Before Saying "I Do": Understanding Prenuptial Agreements

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Engaged couples often envision a lifelong union, but in the San Francisco Bay Area, as in many places, a significant number of marriages end in divorce. For those in the Bay Area, especially those with substantial assets, considering a prenuptial agreement is a practical step. However, understanding the scope and limitations of these contracts can be complex.

What Makes a Prenuptial Agreement Invalid in California?

Under the Uniform Premarital Agreement Act (UPAA), the enforceability of prenuptial agreements in California has specific requirements. These agreements become effective only upon marriage and must adhere to the following criteria:

  • They must be in writing, signed by both parties, and notarized.

  • Each party should have at least seven days to obtain independent legal counsel before signing.

  • The signing must be voluntary, without any coercion or intimidation.

What Can You Include in a Prenuptial Agreement?

Prenuptial agreements primarily establish property rights. They can:

  • Define separate property of one spouse.

  • Determine joint ownership and division of property acquired during the marriage.

  • Specify alimony terms if the marriage ends. However, they cannot dictate child custody or support terms.

How Do Courts View Prenuptial Agreements?

California courts typically enforce prenuptial agreements that comply with UPAA standards. However, they won't enforce illegal terms or agreements deemed unfair. An agreement may be considered unfair due to fraud, duress, or incomplete disclosure of assets or liabilities. In some cases, a judge may overturn an agreement if it overly favors one spouse or leaves the other financially insecure.

Can Actions Invalidate a Prenuptial Agreement?

Generally, a court-upheld prenuptial agreement won’t be invalidated by a spouse's misconduct (like adultery or abandonment), unless specific provisions in the agreement state such behavior will void it.

Seek Expert Guidance

For those considering a prenuptial agreement in the San Francisco Bay Area, seeking advice from an expert like Amanda Gordon is crucial. Amanda can provide valuable insights and guidance tailored to your unique situation, ensuring that your prenuptial agreement serves your best interests.