What is a prenuptial agreement?

A prenuptial agreement is a legal contract that two people entering into a marriage can sign to outline how certain assets and debts should be distributed in the event of a death or divorce. Prenuptial agreements are recognized under California law, and courts will generally enforce them if they are entered into without duress, both parties fully understand the terms, and the agreement does not violate public policy. Prenuptial agreements can include provisions about matters such as division of property, alimony, or living arrangements in the event of a divorce. While all states recognize and enforce prenuptial agreements, the specifics vary from state to state. In California, the signing of a prenuptial agreement must meet certain guidelines and is subject to certain limitations. For example, California state law allows prenuptial agreements to include provisions about non-marital property and separate property; however, the agreement must explicitly state that provisions about property that is acquired during marriage should not be included. Additionally, prenuptial agreements should not create incentives for one party to obtain a divorce, nor should they be punitive. In other words, the agreement should not contain provisions that are excessively one-sided in favor of one party. Ultimately, prenuptial agreements can help couples protect their wealth and assets in the event of a separation, while simultaneously ensuring that each spouse is treated fairly.

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What is a prenuptial agreement?

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