This form is an amendment to a premarital agreement for the state of California. The parties may use this form to make amendments or additions to an existing premarital agreement. Both parties are required to sign the amendment in the presence of a notary public.
San Jose California Amendment to Prenuptial or Premarital Agreement
State:
California
City:
San Jose
Control #:
CA-00590-C
Format:
Word;
Rich Text
Instant download
Description
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The signing party must have full knowledge of the other spouse's property, assets and debts. If it is alleged that the party hid assets from the signing spouse at the time that the prenuptial agreement was created, or that the contract contains falsified financial information, this will void the agreement.
Time Restraints. For one, each party in a marriage must have adequate time to review and sign the agreement before getting married, and there must be a grace period between the date the prenuptial was signed and when the marriage ceremony takes place. In California, this is exactly one week.
One of the most commonly asked questions regarding prenuptial agreements is whether or not they can be changed after a couple has married. The answer is yes, a couple can modify or even nullify the terms of their prenup if they so choose.
The Uniform Premarital Agreement Act (UPAA) has applied to California prenups since 1986. In general, this law states that written prenuptial agreements signed by both parties, in contemplation of marriage will automatically become effective once the couple marries.
A prenuptial agreement can be voided in California for many reasons. This is why you should work with an attorney to create your document, to avoid mistakes that could make it unenforceable.
In California, both parties don't have to be represented by an attorney before signing a prenuptial agreement. However, the non-represented spouse-to-be must sign a written acknowledgement that he or she was advised to get a lawyer but has chosen not to.
Both spouses must sign the prenuptial agreement of their own free will. There must be no threats, use of force, or any other coercive tactics when signing the document. If one spouse intimidated or bullied the other spouse into signing, the prenuptial agreement will not be enforceable, no matter its contents.
A prenuptial agreement may be found invalid for the following reasons: It includes provisions for child support and custody of unborn children. There is less than full financial disclosure by one or both parties. It includes provisions that are blatantly unfair to one party.
As long as you and your spouse agree, your prenuptial agreement can be changed. To create an amendment to a prenup, you can either add to the original contract or sign a separate contract that modifies the terms of the initial agreement. This is true for revoking also.
California's Prenuptial Agreement Law In California, individuals can draft their prenups. However, without a legal background, it is easy for the prenuptial agreement to be invalidated.