T he California prenuptial agreement form is a legal instrument that is designed to legally protect the savings and assets obtained by each spouse before they conclude the marriage. This document can also be described as a precautionary measure that can limit financial damage in case of divorce. A prenup is not effective until marriage is concluded. In order to make this document legally binding, a few legal requirements must be met, and you can find them in this article.
There are certain legal requirements in California law that you must fulfill if you want your prenup to be legally binding.
There are also some legal requirements on what cannot be included in a California prenup form under any circumstances. First of all, any clauses regarding child support or custody over children may result in the annulment of a prenup. Secondly, deceptive or exploitative requirements to one of the spouses have also been prohibited, as well as any links to illegal acts by one of the spouses. Additionally, you cannot include any non-financial requirements into the prenup, for example, requirements to change one’s appearance.
The issue of spousal support is somewhat dubious. In general, the law does not preclude you from addressing this issue in the prenup or even waving it. However, there are certain limits to this right. The most important limitation is the fact that even a fully legal waiver of spousal support at the time of the conclusion of a prenup cannot be enforced by a court if this waiver became unconscionable at the time of enforcement. For example, if one party is severely disadvantaged compared to the other party.
Also, a prenup cannot include any provisions that are contrary to the state’s public policy.
Uniform Premarital Agreement Act or (UPAA) in California is an act of law that can be found in the Family Code of California. It contains criteria for prenups without which a prenup would not be a legally binding document and will not perform its functions in case of a divorce.
The UPAA in California prescribes that the spouses may make clauses in a prenup regarding the next steps. This includes the disposition of property in case of separation, divorce, or death of one of the spouses. Also, the spouses are free to mention any other event that is not considered unjust. Moreover, parties may contract the disposition of the death benefits received from life insurance.
Additionally, the spouses may address the issue of rights to buy, sell, lease or manage property in any other way. Clauses that touch on future debts and liabilities can also be included.
Last but not least, we have to mention that if one of the spouses has ties in a different state, they may include a choice of law option in the prenup and use the family law of another state to govern this document.
Probably the most common reason to conclude a prenup is the issue of community property. Because under California law, in case of a divorce, a court has to divide the property based on financial disclosure. In most cases, courts opt for equal distribution. However, a prenup can prevent such a situation by including a clause that limits the community interest of one of the spouses in the separate property.