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What Happens If You Sign A Prenup And Get Divorced In California?

Updated: Dec 8, 2022

How do Prenuptial Contracts Work In Los Angeles, California?

People don't like to discuss prenups, thinking it's a sign of not having faith in their partners. However, circumstances can change between two people, often unpredictably so.

Remember, people hardly enter a marriage thinking they'll get divorced. However, you shouldn't avoid the possible safety nets that could reduce complications should you decide to end your marriage for whatever reason.

After all, marriage is as much of a legal contract as it is a personal milestone. So, you and your future spouse shouldn't be afraid to discuss prenup arrangements with a prescreened California prenup attorney.

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What Goes Into A Prenuptial Agreement In California?

Prenuptial agreements are typically used to preserve one party's finances throughout a marriage. Here are a few ways that might apply to you:

  • It prevents the mixing of assets and provides both spouses with financial security. This is because property, assets, and debts may entangle while people are married to each other.

  • Reduce some property distribution procedure problems if the couple later gets divorced.

  • The rights and obligations of each spouse regarding spending and debt are outlined in these agreements, which also assist in establishing financial guidelines for the marriage term.

Postnuptial provisions are a common feature of prenuptial agreements, making everything easier should the marriage end. A prenup sets up the ground conditions for a subsequent divorce. Some prenuptial agreements may even have comprehensive postnuptial clauses that considerably speed up the divorce process.

Your prenuptial agreement's details can be determined with the assistance of an experienced California prenup lawyer. However, it is generally better to create postnuptial arrangements that provide legal protection in the event of the unexpected, even if you have strong confidence in your marriage.

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What Can't Be Included In A Los Angeles Prenup Arrangement?

It's crucial to remember that there are some restrictions on what can be legally enforced through a prenuptial agreement. For instance, the contract cannot specify who will manage household duties and upkeep, who will decide where to go on vacation, or how parental responsibilities will be split between co-parents.

The contract, however, may specify who will own separate property, who would be responsible for certain debts, and other details relating to separate and community property in the marriage. A prenuptial agreement only covers money-related issues.

Remember, California is a community property state regarding marital estate. This means all properties are considered shared between spouses unless explicitly indicated which properties aren't shared in a legal document before marriage.

Again, prenups should be highly-detailed to avoid any problems during and after the marriage's duration. You want to ensure that it reflects how you want to divide estates and finances to prevent conflict in the future. Before deciding on what to include in your prenup, consult with a prenup attorney in Los Angeles.

How Can I Write a Prenuptial Agreement?

Consulting with an experienced California family law attorney is advisable to create your prenuptial agreement with your future spouse. A prescreened family law attorney in Los Angeles will examine your and your partner's financial circumstances and advise you on the best ways to protect each party's assets.

This also includes previous financial and legal responsibilities one spouse might have, including:

  • Child support from an earlier marriage

  • Debts

  • Property that hasn't been fully paid before entering the marriage

  • Estates

As you draft it, you and your future spouse must discuss your prenuptial agreement in California. It will be easier to complete your prenuptial agreement if you turn these initial discussions into an outline you can give to a family attorney in Los Angeles.

In addition, your lawyer will be able to recognize your primary areas of worry and explain to you and your partner the best course of action for resolving them.

What Are The Requirements Of A California Prenuptial Contract?

A prenuptial agreement must adhere to a few legal conditions to be enforceable in California:

  • No unlawful or repugnant language may be included.

  • Both parties must voluntarily sign it. If either spouse signs the agreement under pressure or coercion, the contract is not legally enforceable.

The contract is also unenforceable if it is out of date. Therefore, evaluating your prenuptial agreement a few years after you and your partner draft it is crucial to ensure it still reflects your changing circumstances. Again, you can get help from a California prenup lawyer in putting any revisions or modifications your contract might need into effect.

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Get A Referral To A Prescreened California Prenup Lawyer ASAP! is a California Bar Association-Certified Lawyer Referral Service that can refer you to a prescreened family law attorney in Los Angeles best fit to handle your case. Contact us on our 24/7 lawyer referral hotline at 1-661-310-7999 or complete our inquiry submission form for a FREE INITIAL CONSULTATION.


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