The state legislature has adopted the Uniform Premarital Agreement Act, found at California Family Code §1610 – 1617. This code defines premarital agreements as any contracts that prospective spouses enter in contemplation of marriage, and that they intend to become effective upon their marriage.
Premarital agreements also must be in writing and signed by both parties. After a couple gets married, parties cannot amend or revoke these agreements unless they do so in writing. Premarital agreements may cover various issues, but some of the subjects commonly covered in these contracts may include:
Property rights and obligations of both parties
Division of property upon dissolution, separation, death, or any other designated event
The execution of wills, trusts, and other documents to carry out the agreement
Other personal rights and obligations that do not violate public policy
Although prenups may address spousal support issues, they cannot address child support or other issues related to the custody and visitation arrangements. Therefore, the scope of enforceable prenuptial agreements is limited to some degree. An Agoura Hills lawyer could draft a prenuptial agreement that meets the objectives of the parties within the bounds of state law.