A prenuptial agreement is essentially a contract between two spouses entered prior to the marriage that goes into effect once the couple marries. California’s Uniform Premarital Agreement Act (UPAA) is the statute that governs the requirements for prenuptial agreements. The UPAA provides what a valid prenuptial requires and certain terms that are unenforceable in court such as any agreement regarding child custody/support.
Under the UPAA, parties must both voluntarily sign a written agreement, the terms must be lawful, and the agreement must be notarized. The courts will not enforce verbal prenuptial agreements, so any terms of a prenuptial that spouses wish to be valid must be written. Spouses entering the prenuptial must also be given seven days between the time the party was first presented with the agreement and the time the agreement is signed.
Creating and deciding on the terms of a prenuptial agreement can be complicated, and confusing. And if spouses fail to fulfill the requirements under California’s UPAA statute, the courts may not enforce the agreement. At Family Law San Diego, we can help answer your concerns, and produce a document that can be found enforceable in California courts.