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A prenuptial agreement is a contract between prospective spouses
made in contemplation of marriage which becomes effective upon
marriage. Prenuptial agreements are expressly permitted and governed
by Sections 1600 et seq. of
the Family Code, which is known as the “Uniform
Premarital Agreement Act.”
Subjects That May Be Included in A Prenuptial Agreement: A
prenuptial agreement is a powerful tool that can accomplish many
objectives and address numerous areas of import to most couples.
Section 1612(a) of the Family Code sets
forth the following range of topics that may properly be addressed
in a prenuptial agreement:
● The rights and obligations of each of the parties
in any of the property of either or both of them whenever and
wherever acquired or located.
● The right to buy, sell, use, transfer, exchange,
abandon, lease, consume, expend, assign, create a security interest
in, mortgage, encumber, dispose of, or otherwise manage and control
property.
● The disposition of property upon separation, marital
dissolution, death, or the occurrence or nonoccurrence of any
other event.
● The making of a will, trust, or other arrangement
to carry out the provisions of the agreement.
● The ownership rights in and disposition of the death
benefit from a life insurance policy.
● The choice of law governing the construction of the
agreement.
● Any other matter, including their personal rights
and obligations, not in violation of public policy or a statute
imposing a criminal penalty.
Subjects That May Not Be Included in A Prenuptial Agreement:
There are several legal rights and obligations imposed under
the Family Code that may not be altered by a prenuptial agreement.
In particular, Section 1612(b)
of the Family Code provides that a prenuptial agreement
may not alter the requirements of child support.
Moreover, provisions in a prenuptial agreement may not violate
public policy or promote divorce.
© 2006-2009 L.A Prenup Lawyer L.L.P,
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