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Commonly Asked Questions about Marriage Contracts

It is important to remember that a postnuptial agreement is the same as any other contract. There is a legal relationship between the two spouses that is memorialized by a written piece of paper that each of them signs. This document contains legal obligations for each in the event of a divorce.
The most common form of agreement is the whats mine and whats yours agreement, where, if the couple separate, ownership of property will govern division of property. So, if the parties want to share the value of any property on separation, they simply put it in joint names.
It is signed before the wedding ceremony and is considered a form of protection for both parties in case of separation or divorce. Marriage contracts are not mandatory, but they offer many benefits. They can help couples plan and protect their assets and interests, set expectations, and avoid future conflicts.
You want to set your own rules. A marriage contract allows spouses or soon-to-be-spouses set their own rules for handling difficult decisions. docHubing an agreement on financial matters before they ever arise and when you are both on the same page can help you resolve any issues that may occur in a divorce.
Yes, prenuptial agreements in California do not expire and remain valid indefinitely, regardless of the length of the marriage. Prenuptial agreements are designed to go into effect should your marriage end by divorce or death.
Most courts today will enforce a marital agreement if it is voluntarily entered into and if the terms are fair.