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Under the UPAA, all Indiana prenuptial agreements must be in writing and signed by both spouses. In general, future spouses should negotiate the terms of their agreement well before the wedding day, and each spouse should be represented by counsel.

Duress or Manipulation All contracts must be signed willingly and consciously by both parties for them to be valid. Signing a prenuptial agreement while being intoxicated, under fear of harm, or under false pretenses can make the agreement invalid in a California court.

In the absence of a prenup, California community property law provides that all community property (any property acquired during the marriage that is not a gift or an inheritance) is divided equally upon divorce.

As long as the parties have drafted and executed their prenup in ance with the requirements listed in the CUPPA and as long as a California court finds no fraud, duress, non-disclosure of assets, or unconscionable terms, then the agreement becomes enforceable in a court of law just like any contract.

5 min read . A prenup, or prenuptial agreement, is a contract between two people that's created before they get married. It typically lists each person's assets, debts, and outlines how they'll be handled should the couple divorce later on. Prenups can be a valuable financial tool.

A: Without a prenuptial agreement, California's community property laws generally dictate the division of assets acquired during the marriage, with each spouse having a 50% interest remains separate property. Debts acquired during the marriage are usually considered community debts as well.