Prenuptial Agreement otherwise known as Premarital Agreement

For a premarital agreement to be valid it must be in writing and signed by both parties.  It is enforceable without consideration.  The premarital agreement may include the following:  (1)   The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.  (2)  The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property.  (3)  The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.  (4)  The making of a will, trust, or other means to carry out the terms of the agreement.  (5) The ownership rights in and disposition of the death benefit from a life insurance policy.  (6)  The choice of law governing the construction of the agreement.  (7) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty. 

Any provision regarding spousal support, including but not limited to, a waiver of it, is not enforceable if the party against whom the enforcement of spousal support is sought was not represented by independent counsel at the time the agreement was signed, or if the provision regarding spousal support is unconscionable at the time of enforcement.

A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following:
   (1) That the agreement was not executed voluntarily.
   (2) The agreement was unconscionable when it was executed and, before execution of the agreement, all of the following applied to that party:
   (A) That party was not provided a fair, reasonable, and full disclosure of the property or financial obligations of the other party.
   (B) That party did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.
   (C) That party did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

    A premarital agreement can be deemed invalid by the court if the party against whom enforcement is sought had not less than seven calendar days between the time that party was first presented with the agreement and advised to seek independent legal counsel and the time the agreement was signed.

(Based on Family Code Sections 1611 through 1615)

What are the typical issues in a divorce?

The dissolution of the marriage; child custody; child support; spousal support (alimony); division of assets and debts (community property); determination of any separate property; division of pensions, 401k, IRA, etc. by a Qualified Domestic Relations Order (QDRO).

Frequently Asked Questions

What are the residency requirements and how long does it take to get divorced in California?

The minimum time to obtain a divorce in the State of California is six months from the date of service of the Petition for dissolution of marriage.  A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of the state for six months and a resident of the county where the Petition is filed for the preceding three months. (Based on California Family Code Section 2320.)  http://www.leginfo.ca.gov/calaw.html