What Can & Can't Be in a Marital Agreement in CA?
Marital agreements are governed by the Uniform Premarital and Marital Agreements Act. To sign a legally binding marital agreement, the parties must:
- Fully disclose their property holdings and finances (including debts) to one another before signing;
- Have at least seven days to review the agreement;
- Receive representation by a separate attorney throughout the drafting of the agreement;
- Receive the terms of the agreement in writing.
A pre or postmarital agreement can contain terms dictating:
- What assets the parties consider separate and marital during the marriage;
- Whether either party receives spousal support in the event of a divorce;
- How the parties distribute assets and liabilities in the event of a divorce.
Pre or postnuptial agreements cannot contain terms dictating:
- How the parties handle child support or custody in the event of a divorce;
- Whether a party gives away certain rights.
A pre or postmarital agreement may be invalid if:
- It contains terms prohibited for marital agreements;
- One party failed to disclose their finances prior to drafting the agreement;
- A party was coerced to sign the agreement;
- The court determines that the terms of the agreement are "unconscionable" for one of the parties.
At Divorce by Design, we understand the science behind drafting equitable, enforceable marital agreements. Our Bakersfield marital agreement lawyers will work with you to ensure you obtain an agreement that meets your needs and protects your assets.