Prenups are recognized by the courts in California but are subject to certain restrictions. The restrictions are based upon what the parties are seeking to accomplish with the agreement, such as waiver of spousal support or making retirement separate property. If the parties seek to waive or limit spousal support, the California Family Law Code requires that the party waiving the support must be represented by counsel, other wise the agreement as to support would be void and not enforceable. Additionally the courts like to see a period of ten days from the date the last party signs the agreement until the wedding date. The court strongly disfavors prenups that are signed under duress on the way to the church for the wedding. The nuances about prenups can be very complicated and without proper planning and acknowledgment, an intended prenup may turn out to be unenforceable by the court. Lately, California courts have been looking with close scrutiny as to the issue of waiver of spousal support and are often setting aside agreements based on the interest of fairness.
To create a prenup, the parties will be required to make a list of their separate property of each party at the time of the marriage. This list should be as detailed as the parties wish with specific references to real property and bank accounts and may even include furniture and collections. Every couple that requests a prenup has their individual reasons which can include the fact that one of the parties has significantly more assets than the other or significantly more income than the other. Sometimes there is an inherited family business and sometimes there are issues of debt. These reasons and those other’s above show that it is best to have an experienced family law attorney assist you with implementation of your prenup. The attorneys at the Law Office of Bowman and Associates are experienced with assisting clients that want a prenup and can provide the advice you need to make the best decision.