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A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.
You can but, if you have it too one sided the the judge will simply throw it out and then you're back to not having one. The purpose of a prenup is not to prevent you from having to split community property, but to allow cooler heads to prevail while you in a more congeal state of mind.
Requirements for a valid prenup In writing. The prenup must be in writing and not a verbal agreement. Both parties sign it. Both fiances must sign the prenup. ... Notarization. ... Witnesses. ... Signed voluntarily. ... No unlawful terms. ... No unconscionable terms. ... No child custody or child support terms.
A prenuptial agreement can be used to protect both parties from future conflicts by addressing in advance what will happen to property upon divorce or the death of one spouse.
This is because a prenuptial agreement can be used to protect either party from the debts of the other; to ensure that either party's children from another marriage are provided for; to protect the assets of each party; and to help both parties understand the financial obligations and responsibilities of the other.
A prenuptial agreement may be signed between the two parties at the time of marriage, stating the regime of ownership. If a prenuptial has not been signed, then the marital property is simply divided equally between the husband and wife.
It is against the law to include any personal matters or requirements, other than financial issues, in a prenuptial agreement in California. For example, one spouse cannot require another to maintain a certain weight, appearance or hair color.