When people get married, California law imposes on them numerous
responsibilities and obligations, including community property rights and support rights. A prenuptial or premarital agreement is designed to allow both spouses to protect their separate property more than what is provided under the Family Code. Prenuptial agreements allow for both spouses to protect themselves from the other's debts, occurring prior to, during, or after the marriage. Pre-nuptial agreements may also signify that both parties agree that all debts, assets and property will automatically become shared from the date of marriage onwards, gradually as the marriage progresses over the years, or not at all.
With a prenuptial agreement, parties can ensure that property, wages, and
assets they wish to maintain separately are kept separate after the date of marriage.
Some premarital agreements provide that all earnings during marriage retain
a separate property character.
You should not agree to enter into a premarital agreement until:
1. You have had an opportunity to read and fully understand its contents;
2. You have consulted with an attorney who specializes in Family Law to find
out whether the premarital agreement is appropriate for you; and
3. You have had adequate time to think about it.
A premarital agreement is a very serious matter with legal consequences that you may not agree with in the event of a dissolution. You should not sign the
agreement if you are not fully agreeable to its contents. A couple should not make attempts at writing their own premarital agreement; both parties should seek attorneys who are fully competent and familiar with laws relating to premarital agreements.
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