The Hunter Law Group Articles California Prenuptial Agreements

California Prenuptial Agreements

By The Hunter Law Group  Aug. 12, 2013 2:11p

Prenuptial agreements have grown in popularity in recent decades and have become well-known through media reports concerning celebrity marriages and divorces. In California, prenuptial agreements are defined under Family Code Section 1610 – 1617. They are defined under law as agreements made between prospective spouses which become effective upon marriage. These agreements must be made in writing and signed by both parties and cannot contain anything which would be deemed "unconscionable." They are basically financial agreements which delineate the rights and obligations of both parties as to property of either or both parties. They can also contain agreements about spousal support.

A California prenuptial agreement can spell out how property will be disposed of should the spouses separate or divorce or should one or both of them pass away. This factor includes the disposition of the death benefit of a life insurance policy. It can also spell out the right to buy, sell, use, transfer, exchange, abandon, lease, assign, create a security interest in, mortgage, encumber, dispose of, or manage or control any property. All property and full financial disclosure are necessary to making such an agreement. These agreements are enforceable in court providing they are executed according to California law. That means that the agreement was voluntarily entered into and that both parties had independent legal counsel or waived their right to such counsel in writing prior to signing the agreement. Other legal factors also apply to these agreements as described under California law.

Family Law Firm Serving Orange County in California

Prenuptial agreements are just one area of family law that require legal understanding and assistance. Other areas include divorce and post-divorce modifications and enforcements, child custody, paternity, domestic violence, property settlements, parental relocations, child support, spousal support, and more. All of these issues can be difficult and unsettling matters for which sound legal advice and guidance is necessary.

Hunter Law Group is a divorce and family law firm based in Mission Viejo which serves clients throughout Orange County. Lead attorney Daniel Hunter has been assisting clients in the area for more than a decade. He and his legal team know how difficult and emotionally challenging family law cases can be, whether they concern marital property, children, or other sensitive issues. They take a personalized approach to your legal problem with a view towards helping you achieve the best possible solution. To find out more about how this experienced and dedicated legal group can help you, contact their offices to arrange for a legal consultation about your divorce or family law matter at your earliest opportunity.

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