Prenuptial Property Agreements

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Commonly Asked Questions about Prenuptial Property Agreements

What is a prenup property?

A prenuptial agreement, also called a prenup, is a legal agreement that details spousal support and division of property if divorce or death occurs in the marriage.

Can you put whatever you want in a prenup?

Your prenup can specify if you have a family heirloom, family business, future inheritance, or another piece of property that you want to keep in your birth family.

Which of the following Cannot be included in a prenuptial agreement?

In California, a prenuptial agreement cannot create enforceable terms regarding: Child custody and visitation. Parenting time. Legal custody.

Does a prenup protect your house?

Prenups provide a simple yet effective way for you to specify what will happen with your home in the event of a divorce. In your prenup, you and your fianc can agree that your home will be classified as your separate property. This means the house will not be subject to division in a divorce.

Can a prenup protect future property?

Yes, a prenuptial agreement can protect future assets. Those are common provisions you would put in to a prenuptial agreement. If theres the possibility of divorce I advise my clients to make that prenuptial agreement as ironclad as possible.

What makes a prenup unenforceable?

If the terms of the agreement heavily favor one party and leave the other party with inadequate financial support or protection, a court may declare it invalid. Courts typically aim to ensure that prenups are equitable and do not exploit one spouses vulnerability.

What is not allowed in a prenuptial agreement?

The law does not allow a couple to include any terms regarding child custody, visitation or support in a prenuptial or postnuptial agreement. This is because a judge will make these decisions in a divorce case based on the childs best interests.