What Makes a Valid Prenuptial Agreement?

If you want to create a prenuptial agreement before you get married to protect your assets in California, then it is imperative that you make sure you do it legally. If your agreement is not legal, then it is not valid. The state has specific requirements your agreement must meet and procedures you must follow for its creation to avoid having a court deem it invalid.

California Legislative Information explains that you both must sign a prenuptial agreement. It also must be in writing. No verbal contracts work here. In addition,  any changes made have to be in writing and you both have to sign off on them.

You can include many different details in your agreement. It may include details about the different assets you own and the rights to them. You can also dictate obligations to property and other details about property management.

What you cannot do is include anything about child support. It will become an invalid clause within the agreement. You also may not include anything about spousal support unless your spouse had his or her own legal representation when signing the agreement.

Keep in mind that in order for the document to be legal, you both have to understand its terms and conditions. You both have to sign it willingly as well. There cannot be any fraud or deceit of any kind involved in the creation of the document. If the court finds anything of concern, it could invalidate the whole prenuptial agreement. This information is for education and is not legal advice.