Is My Pre-nup Valid?

It can be a sensitive matter, but getting a prenuptial agreement is an increasingly important tool to protect both spouses in the event of the unforeseen – a divorce!

Unfortunately, prenuptial agreements have a bad connotation in many people’s minds. Some believe bringing up a prenup can reflect negatively on a marriage’s future and are used as a tool for the rich to protect their assets against a less-wealthy future spouse.

When creating a prenup, include provisions which regulate how assets and debts acquired during the marriage are treated. It can also regulate whether or not a supported spouse will be entitled to spousal support. Under California law (see California Family Code Section 1610 through 1617), a valid prenuptial agreement cannot:

  • limit either parent’s ability to have a relationship with their children
  • regulate a child support order
  • punish the unfaithful spouse for infidelity
  • regulate the religious freedom of either party or the upbringing of their children

Requirements needed to create a valid prenuptial agreement include:

  • must be in writing and signed by both parties
  • must be executed voluntarily
  • a full disclosure of property and financial obligations of both parties must be made prior to the signing
  • both parties should be represented by counsel
  • the individual presented with the prenup must be given seven days from the initial presentation of the agreement to the date of execution of the agreement

If you would like to enter into a prenuptial agreement, you should consult with an attorney who has experience with prenuptial agreements.

Contact the Orange County family law offices of Amy M. Montes. We can explain to you and your soon-to-be spouse the benefits of a prenuptial agreement in a way that makes both of you comfortable.

Already married? Talk to one of our attorneys about a post-nuptial agreement, which can offer some of the same protections as a prenuptial agreement. We offer a free phone consultation call us to 714-731-8600.