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California PreNuptial Agreement

Practice Areas – California PreNuptial Agreement

A premarital agreement is a contract between prospective spouses made before marriage, which becomes effective upon marriage. Premarital agreements are entered into for the purpose of altering the legal effect marriage would have otherwise upon the property rights of the parties. Anyone contemplating a premarital agreement should consult an attorney.

A number of factors are relevant to the issue of whether the premarital agreement was entered into voluntarily. The Family Code provides that a premarital agreement is involuntary unless, among other things, the party against whom the agreement is asserted: (1) was represented by independent legal counsel or, after being advised in writing to seek such counsel, in a separate writing expressly waived such representation; (2) had the opportunity to review the document for at least seven calendar days before it was signed; and (3) if unrepresented, was fully informed in writing, in a language in which that party was proficient, of the terms and basic effects of the agreement and made written acknowledgment of the receipt of this information.