Creative Family Solutions, Cecil Cianci Law, PC
Speak with one of our attorneys today: 916-756-4012 VISA | MasterCard | American Express | Discover

The Uniform Premarital Agreement has been in force in California since 1986. Although the UPAA is effective throughout most of the country, various states have inserted their own rules within certain sections. California has established guidelines that dictate the terms the agreement can and cannot include.

What can and cannot be part of the agreement

In general, the parties to a California UPAA can use the agreement to deal with financial matters. Some states allow a couple to address broad subjects, including who should bear responsibility for various household chores and what kind of penalties apply if a spouse commits adultery. However, subjects like these, as well as terms pertaining to child support, custody and other matters concerning children, cannot become part of the California premarital agreement.

About spousal support

If spousal support in a California premarital agreement is either limited or waived entirely, the provision will not be enforced unless the spouse receiving alimony had independent counsel prior to signing the agreement. Furthermore, since financial circumstances change over time, it is not possible to make an advance determination as to whether this kind of provision is enforceable when the couple separates ahead of divorce.

The enforceable agreement

The terms of the California Uniform Premarital Agreement Act appear under the California Family Law Code. Section 1615 explains when an agreement is enforceable:

  •         The agreement must contain financial disclosures
  •         Coercion cannot be present
  •         Both parties must understand what they sign
  •         There must be seven days between the time of the presentation of the agreement and the signing of the agreement

Involuntary execution

A California premarital agreement must be in writing and contain clear language. The court may find the agreement was not executed voluntarily unless, at the time of the signing, legal counsel represented the signer against whom enforcement is sought or else the party waived the right to representation. If one party seeks enforcement of the agreement against the other, the latter must be fully informed of any rights and obligations relinquished under the agreement.

No Comments

Leave a comment
Comment Information
  1. AV Peer Review Rated
  2. Listed In Best Lawyers | The World's Premier Guide
  3. BBB
  4. Avvo Rating 10.0 Superb
  5. Avvo Rating Guidance The Right Lawyer

Arrange A Consultation About Your Needs

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Roseville Office
1504 Eureka Road
Suite 320
Roseville, CA 95661

Phone: 916-756-4012
Phone: 916-797-1575
Fax: 916-797-1399
Map & Directions

Aliso Viejo Office
16A Journey
Suite 201
Aliso Viejo, CA 92656

Phone: 916-756-4012
Phone: 949-315-7959
Map & Directions