We draft prenuptial agreements, also known as premarital agreements.
A prenuptial agreement is a contract entered into between people before marriage that usually resolves issues of spousal support and property division if the marriage ends in divorce or death.
In California, parties contemplating marriage may enter into an agreement with each other with respect to all the following:
- Their rights and obligations in any property of either or both of them whenever and wherever the property was acquired or located.
- The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property.
- Disposing property upon separation, divorce, death, or the occurrence or nonoccurrence of any other event.
- The making of a will, trust, or other arrangement to carry out the provisions of the agreement.
- The ownership rights in and disposition of the death benefit from a life insurance policy.
- The choise of law governing the construction of the agreement.
- Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
The right of a child to support may not be adversely affected by a premarital agreement.
For additional information on premarital agreements, please see:
The Uniform Premarital Agreement Act
California Family Code Sections 1610 through 1617