Prenuptial Agreements in California

• California prenuptial agreementwedding rings image by Margaret M Stewart from Fotolia.com
  
  California divorce law provides for a distribution of the assets of the marriage based on the principles of community law. The assets accumulated by the marriage are divided equally between the parties, no matter which party is responsible for bringing in the majority of the income. Because of this, many couples in California choose to draw up prenuptial agreements, and the state has established regulations regarding those as well.
  
  

Basic Requirements

• California law sets forth five basic requirements for a prenuptial agreement: It must be written; both parties must enter into the agreement voluntarily; the future spouses are required to disclose all of their assets before the execution of the prenuptial agreement; it must be signed by both parties in front of a notary public; and it must not be unconscionable. That means the prenup cannot be so one-sided that it is significantly unfair to one of the parties.
  
  

Spousal Support

• Spousal support, or alimony, is often an issue in a prenuptial agreement. If the document is drafted to limit spousal support, California law requires that both parties to a prenuptial agreement be represented by attorneys. If the parties are not represented by attorneys, that provision--if not the entire agreement--may be struck down by the court in the event of a divorce.
  
  

Registered Domestic Partners

• California permits registered domestic partners to enter into prenuptial agreements. The same rules and standards apply to registered domestic partners as to married couples.
  
  

Wills

• In California, the parties can agree in the contract that they will execute wills (or that one party will do so) to benefit the other party, even if a divorce occurs.
  
  

Infidelity

• California law does not permit a provision in a prenuptial agreement that penalizes a spouse for infidelity. A party to a prenup cannot be penalized with a smaller share or marital assets upon a divorce because of infidelity.