Updated September 19, 2023
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A California prenuptial agreement is a legal document that declares both individuals’ assets and debts before marriage and the separation after a divorce. The creation of this document is usually a precautionary measure that prevents an unfair distribution of assets following a divorce. In order for the prenuptial agreement to hold up in court, it must be entered into voluntarily by both parties, both parties must have their own independent legal advisors, and both parties must disclose the entirety of their assets and debts to the other.
Signing Requirements (Family Code § 1611) – Both spouses are required to sign. Notarization is recommended, however, it is not a requirement.
Laws
- Family Code § 1610 – Definitions
- Family Code § 1611 – Signing Requirements
- Family Code § 1612 – Content of Agreement
- Family Code § 1613 – Effective upon Marriage
- Family Code § 1614 – Amendment or Revocation
- Family Code § 1615 – When Unenforceable
- Family Code § 1616 – If a Marriage is Void
- Family Code § 1617 – Statute of Limitations