In Santa Clara County, California, prenuptial agreements, also known as premarital agreements or prenups, are governed by the California Uniform Premarital Agreement Act (UPAA), which is found in Sections 1600-1617 of the California Family Code. Prenuptial agreements are legal contracts entered into by couples before they get married. These agreements typically address issues such as the division of property and spousal support in the event of divorce or the death of one of the spouses. They can also cover other matters such as the rights and obligations of each spouse during the marriage. To create a valid prenuptial agreement in Santa Clara County or anywhere in California, the following requirements must generally be met:
1. The agreement must be in writing.
2. Both parties must enter into the agreement voluntarily.
3. The agreement must be executed before the marriage takes place.
4. Both parties must provide full and fair disclosure of their assets, debts, and income to each other. It’s important for each party to consult with their own independent legal counsel when creating a prenuptial agreement to ensure that their rights and interests are protected.
Additionally, it’s important to note that certain provisions, such as those related to child support, cannot be included in a prenuptial agreement as they are subject to the court’s discretion and are intended to serve the best interests of the child.
If you or someone you know is considering a prenuptial agreement in Santa Clara County, it’s advisable to seek the guidance of a qualified family law attorney who can provide personalized advice based on your specific situation and help ensure that the agreement complies with California law.
Atighechi Law Group prepares Prenuptial Agreements throughout the State of California including Santa Clara County. If you need a prenup prepared, please contact http://www.familylaw-firm.com