What is antenuptial/prenuptial agreement?

An antenuptial/prenuptial agreement (also known as a “prenup”) is a contract created between two people who are about to get married. The prenup outlines the rights and responsibilities of each individual in the event of a future divorce. It serves as a way for spouses to make important decisions about their finances and property ahead of time. The prenup can include items such as spousal support, debt responsibility, and asset division. In California, a prenup must meet certain requirements in order for it to be considered valid and enforceable. These requirements include: the agreement must be in writing and signed by both parties; both parties must be at least 18 years old; both parties must be of sound mental capacity; both parties must freely and voluntarily enter into the agreement without undue influence or coercion; both parties must be represented by independent attorneys; and the agreement must be signed by two witnesses of legal age. A prenup can be a useful tool for couples to protect their assets and determine how they want to handle their finances if the marriage ends. It can help couples make well-informed decisions about their finances and avoid lengthy and costly court proceedings later on. Moreover, the prenup can minimize the emotional stress of a divorce and make the process smoother and more efficient.

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