Prenuptial AgreementsA prenuptial agreement is an agreement between prospective spouses that is made in contemplation of marriage and is intended to be effective on marriage. Although such agreements are sometimes referred to as "antenuptial" or "premarital" agreements, this site uses the term "prenuptial" agreement. Parties typically create premarital agreements of two basic types: (1) separate property agreements having a default of no community property with such property being added in, and (2) confirmation agreements having a default of community property, with the parties confirming certain assets as separate property. For a further explanation of the purposes of prenuptial agreements click here. Parties may contract in a premarital agreement with respect to "any… matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty." Most frequently, however, a premarital agreement is used to alter property rights that would otherwise accrue under California community property laws once the parties marry. For more on what prenuptial agreements MAY cover click here What SHOULD a prenup cover?
There are 2 major defenses to the enforcement of a pre-nup. Read about the defenses to a prenuptial agreement.
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