What Is in a Fair Prenup in California?

Prenuptial agreements, or prenups, can be a delicate subject to broach in a relationship. Contrary to popular belief, however, prenups are not one-sided; they must be fair and equitable for both parties to be legally valid. Understanding what needs to be included to have a fair prenuptial agreement in California can help you and your spouse feel confident in your future.

How Do Prenups Work in California?

A prenup is a legal contract that is entered into by two parties before they get married. It is a legally binding agreement that outlines how assets and debts will be divided in the event of a divorce. It may also cover other topics, such as spousal maintenance (alimony), inheritance rights and business protections.

Key Elements of a Fair and Lawful Prenuptial Agreement in California

A prenuptial agreement in California must align with all of the legal requirements set forth by the state. It must be equitable, or fair, to both parties. While this may not mean a 50/50 split of assets or debts, a prenup cannot overly favor one spouse. The key components of a fair prenup include:

• Legally valid document: a valid prenuptial agreement cannot be in the form of a verbal agreement. It must be a written document. It also needs to have the signatures of both parties.
• Full financial disclosure: both parties must completely disclose all of their assets, property, income, debts and financial obligations when drawing up a prenup. Concealing financial information or hiding assets can lead to an invalid document.
• Separate legal counsel: each spouse should have their own, separate prenuptial agreement attorney to provide unbiased counsel and ensure the fairness of the document. While this is not legally required, it can help prevent validity issues with the prenup in the future.
• Voluntary agreement: both parties must voluntarily put their signatures on the prenup document. Any evidence of fraud, coercion, blackmail, pressure or undue influence can render the prenup unenforceable by the courts.
• No illegal or unconscionable terms: the terms of the agreement must be fair and lawful. For example, the agreement cannot deal with child custody or have terms that require one spouse to participate in illegal activity.
• Independent review period: the final version of the prenuptial agreement must be in the signing party’s hands at least seven days before the date of the wedding to give the individual time to review and understand its terms.

It is important to begin the prenup process well before the date of a wedding. The couple needs time to discuss and negotiate the terms of the agreement. A rushed prenup may have issues, missing terms or illegalities that make the document invalid when it comes time for the couple to actually need it.

How Can a Prenup Lawyer in California Help?

A fair prenup agreement is one with terms that do not heavily favor one spouse over the other. It is a joint endeavor by the couple to negotiate terms that reflect both of their needs and plans for the future. Both parties need to understand the language and terms of the prenup fully. Finally, both parties should consult with their own California family law attorneys to ensure total understanding of what they are signing.

The legal expertise of a prenup attorney can be critical if you are someone who is about to participate in this type of legally binding agreement. Your lawyer can draft a customized agreement that reflects your unique situation and goals, as well as ensure full financial disclosure from your spouse and protect your legal rights and interests. If you wish to speak to a prenup lawyer in California for more information, request a free consultation at Boyd Law.