California Prenup 101: What Should Be Included in Your Prenup?

Posted on: May 19, 2021

California Prenup 101: What Should Be Included in Your Prenup?

It is becoming more common for younger people who are getting married to create a prenuptial agreement. This is due in part to the fact that people are often starting their careers before getting married, and they have more to lose. With this in mind, we find it helpful to go over just what should be included in a prenup.

If you have questions or want to work with a family law attorney, contact Law Office of Michael L. Fell at (949) 585-9055 for help. Otherwise, read on to get the facts.

Provisions for Property Division

First and foremost, you want to make sure that your prenup affirms what property each person is bringing into the marriage and what will be considered community property in the future. This can help prevent costly arguments and legal fights over real estate, savings accounts, and other things that are brought into the marriage.

Provisions for Debt Division

While most people only think of the things they have as items to consider for their prenup, it is also important to remember that debt will become community property if marital assets are used to pay part of it off. That is unless there is a prenup that outlines that it is not community property.

Alimony

Also known as spousal support, alimony should be referred to in the prenup. It can state that both parties waive their rights to alimony or that there is a limit based upon how long the marriage lasts. Your attorney can help you create a prenup that addresses alimony needs.

A Sunset Clause

This is a provision that can help those who feel that a prenup is not a good idea. A sunset clause holds that if the marriage lasts behind a particular number of years, then the prenup is null and void. At that point, the laws of community property would be in place.

There Are Limits to What You Can Include in a Prenup

Most importantly, you cannot include information about child custody or child support in a prenup. These are issues for the court to decide at the time the decisions need to be made. Prenups can also not include terms that would impose obligations upon the spouse, such as having a child, losing weight, etc.

If you ready to talk to a family attorney to learn about what can and cannot be included in a prenup, or to have one set up, then we encourage you to contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.