San Diego Prenuptial Agreements and Prenuptial Contracts | Jabro Law Group
Prenuptial agreements in California are governed by California’s Uniform Premarital Agreement Act. You can find the official version HERE
The most important part of the California Uniform Premarital Agreement Act is found in section 1615, which sets out when a prenuptial agreement in the state of California is enforceable and when it isn’t. The usual caveats apply here: there must be financial disclosure, the premarital agreement must not be unconscionable, there must not be any coercion, and the parties must understand what they are signing. California requires that there be at least seven days between when a party is first presented with an agreement and when the agreement is signed.
Prenup Lawyers San Diego
California is a community property state. When a couple gets married, California law will define the respective rights and obligations of spouses during marriage, as well as in the event of a divorce. In essence, California law presumes that marriage is a form of partnership, and thus the assets and interests acquired during marriage (and debt), by either or both spouses, take on characteristics of being ‘of the community’. A prenuptial or postnuptial agreement, however, allows spouses to alter certain rights and obligations with respect to their property interests (in all its forms) that would otherwise be imposed by the CA Family Code.
Call the experienced Prenuptial Agreement Attorneys at Jabro Law Group today- We will be happy to provide you with what you need for a successful future. 619-559-8228.