This document contains a list of clauses used in premarital agreements, followed by the full clauses used in the agreements. The 38-page document also contains general comments on negotiating, drafting, and execution of premarital agreements.
California Prenuptial Agreements - General Comments on the Negotiating, Drafting and Execution of Prenuptial Agreements
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FAQ
The Uniform Premarital Agreement Act (UPAA) has applied to California prenups since 1986. In general, this law states that written prenuptial agreements signed by both parties, in contemplation of marriage will automatically become effective once the couple marries.
The UPAA states that a premarital agreement is a contract that two prospective spouses sign before entering marriage. It is not effective until the date of marriage. Other requirements include a written contract, legal terms within the prenup and the voluntary signatures of both parties.
However, a court in the United States is unlikely to enforce such a provision. Until foreign countries draft agreements with provisions allowing for parties to decide which law will apply, their agreements will stand on shaky ground in the United States. California courts have not upheld these agreements.
Unconscionability Invalidates a Prenuptial AgreementOne party signed the agreement involuntarily or not by choice. One party demonstrates that the other party did not divulge all relevant information. One party can prove he/she was not allowed access to an attorney before signing the prenup.
The courts will not enforce illegal terms in a prenuptial agreement. The courts also will not enforce verbal prenuptial agreements. If someone wishes to enforce the terms of a prenup in California in court, he or she must have a written, signed and notarized legal document.
A prenup in California must comport with specific state requirements that include: The prenup must be a written contract no verbal prenups are allowed. The terms of the agreement must be lawful- ie, you cannot add in provisions regarding anything illegal. The agreement must be signed by both parties and notarized.
Otherwise, terms that you can negotiate within the prenup include a guaranteed sum of the household operating expenses, payment of attorney's fees in the case of a divorce, reasonable expenses during said divorce, and your alimony payments.
Generally, the answer is that there is no expiration date. You'll need to show the prenup is invalid for reasons other than the length of the marriage. You'll need an experienced family lawyer who aggressively fights to protect your marital property interests and fights for alimony, child custody, and child support.
