Prenup? Postnup? What is that?

Before, or during a California marriage, a prenuptial, (or after marriage, post-nuptial) is a contractual agreement between two spouses regarding their financial arrangements in the event the marriage ends. Getting married without a prenup in California means that issues of finances between the two parties will be determined by the rules of community property.

Community Property

In California, income accumulated during a valid marriage will be considered the property of both spouses. Apart from income, other types of property could be separate property. Unless a couple created a valid prenuptial agreement or postnuptial agreement, in the event the marriage ends, division of property will follow the principals of community property.

Can I force my spouse to pay me a penalty during the marriage when infinitely has been discovered? Can we specify who will take care of custody and support of the children in the event of divorce?

A California prenuptial or post nuptial agreements only pertains to financial arrangements and cannot enforce provisions that are against public policy. Decisions regarding children in in family law courts will be decided in the best interest of the child.

My future spouse is asking I sign a prenuptial, I don’t know if there are provisions that are against my best interest.

If you need an attorney to look over your prenuptials, please contact us so that we can help you make the best decision tailored to your situation.