Are Prenuptial Agreements Honored in California?

Prenuptial agreements are signed contracts between two engaged people.

A prenuptial agreement is a written contract between two engaged people that outlines the division of assets and property in the case of divorce, separation or death. California courts honor properly written prenuptial agreements.

What to Include

A properly written prenuptial agreement can include all property such as bank accounts, debt, investments and estate. Child support is not allowed in a prenuptial agreement because it is subject to state law.

Improperly Written Agreements

A court may not honor a prenuptial agreement if the agreement was written in a way that promoted divorce, was created with the intent of divorce, signed by any person who was forced to sign or unfairly balanced between division of property.

Considerations

Prenuptial agreements can be made by any engaged couple, however they are especially useful for marriages between people with large assets, second marriages or marriages that have outside children.

References

• Foresight Legal Group: Prenuptial Agreement