Premarital agreements or Pre-registration agreements (which are used in domestic relation partnerships), are made by parties contemplating marriage. A premarital agreement must be in writing, signed by both parties and is enforceable without consideration. Premarital agreements become effective upon the marriage of the parties and are prepared pursuant to California Family Code section 1610(a). In a premarital agreement the parties can contractually agree to change the character of property that would otherwise be community property.
The agreement can include provisions as to the character of any property owned or to be acquired, about inheritance, earnings and may set an amount of spousal support to be paid or may include provisions that limit or entirely waive spousal support.
The parties can contract as to any issue as long as it is not against public policy. California law does not permit parties to contract about religious practices or include clauses that negatively affect child custody and child support or regulation of personal behavior.
If you are contemplating marriage and need an experienced attorney to assist you in the preparation of a premarital agreement call Yanez & Associates
