A prenuptial agreement, legally known as an antenuptial agreement, is an agreement executed by two people that becomes effective once married. They are subject to the Uniform Premarital Agreement Act (Fam. C § 1600). Section 1612 of this Act states that parties prior to a marriage may enter into an agreement concerning the rights of the property (buying, transferring, controlling), the making of a will, ownership rights of life insurance, and personal rights and obligations to name a few.
It is important to note that child support rights may not be adversely affected by a pre-marital agreement. Furthermore, pre-marital agreements become unenforceable if one of the parties were forced to execute the agreement, and if one of the parties did not have adequate knowledge of the financial obligations of the other. There are other factors that may be taken into consideration to determine if a premarital agreement is unenforceable or invalid. Contact us if you believe your agreement does not hold weight in court, or if you wish to execute such an agreement with your future spouse.