Discover What Can and Cannot Be Covered in a Prenuptial Agreement in California
Posted on: November 18, 2020
Prenuptial agreements are far from unusual yet many couples are not clear on what they can and cannot cover until they go through the process. The prenuptial agreement is designed to outline how assets will be split if the couple divorces. However, there are limits to them. Keep reading to get the facts and then contact Law Office of Michael L. Fell at (949) 585-9055 for a consultation with a family law attorney.
What Can Be Included in a Prenuptial Agreement
The Uniform Premarital Agreement Act (UPPA) includes very specific instructions about prenuptial. It states that a written agreement that is signed by both involved parties can cover their present and future property rights, along with other matters as they relate to the marriage. However, a prenuptial agreement cannot negatively affect a parent’s right to child custody or visitation.
There Are Limits on Who Can Have a Prenuptial Agreement Enforced Against Them
The UPAA can only be enforced if the spouse received complete information about the finance and properties before the agreement was signed, had at least one week between receiving the agreement and being required to sign it, and had a separate attorney when they were signing the agreement.
However, there are exceptions to this last point: if the spouse had all the information in writing about the terms and effect of the agreement, including the rights and obligations it would nullify, and they signed a separate document saying they had received this information and were waiving the right to an attorney, then one is not required.
What Cannot Be Included in a Prenuptial Agreement
Then there are certain rights that cannot be compromised in a prenuptial agreement. The agreement cannot include anything that is against public policy or illegal. It cannot include anything regarding the rights of children, which are under the control of the courts.
This does not mean that the parents cannot include information on who will be responsible for paying for the child’s college education or other financial matters, but when it comes to who will raise the child and how they will be raised, this is generally not enforceable.
California is a no-fault state, which means that spousal misconduct is not relevant in the division of property, spousal support, and other divorce factors. As a result, nothing that attempts to penalize a spouse for “fault” will be legally enforceable. For example, you cannot include a clause that if someone is unfaithful, they do not get spousal support.
Call for a Free Legal Consultation
All divorce can be complicated. A prenuptial agreement can make them easier but only if that agreement is legally binding. If you are considering divorce or are about to get married and are considering a prenuptial agreement, we invite you to contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
