What Are Premarital Agreements And How Do They Work?
Every couple brings a unique mix of assets, experiences and property into their marriage. For persons who have been married previously or who have considerable resources that they wish to conserve, a premarital agreement may be an intelligent choice. A premarital agreement, also known as a prenuptial agreement or a “prenup,” clarifies what will happen to a couple’s property, income and assets if they ever choose to divorce.
Ruben Law Firm, a San Francisco family lawyer organization, has worked with many clients to craft sensible and legally binding premarital agreements. We understand the strictures that the state places on these types of contracts and will make sure your individual interests are represented fairly and equitably.
California Law And Premarital Agreements
Premarital agreements become effective once a couple marries. Couples may address a variety of situations with the document, but there are a number of conditions that must be met to ensure the courts will consider it valid. Among them are these:
- The agreement must be written and signed by both parties
- Both parties must have received financial information about the other
- Each party must have at least seven days to review the agreement or have it reviewed by a lawyer
- Each party must be represented by their own lawyer, or have received full information on the terms of the agreement and acknowledged receipt of the same
Courts will not uphold terms of your premarital agreement that are extremely unfair to one of the parties involved, illegal or counter to public policy. If you have children, the courts will always consider their best interests and not rule on your premarital agreement in any way that would adversely impact the support they would ordinarily expect from you or your spouse.