What Can’t a Prenuptial Agreement Do?
A prenuptial agreement cannot include limitations on child visitation or child custody. A prenup cannot include limitations or regulate child support. A valid prenup cannot punish infidelity by providing consequences against a cheating spouse. California is a “no-fault” state which means that infidelity is generally irrelevant when it comes to a divorce. A valid prenup cannot regulate the religious freedom of either party or the religious upbringing of the children.
Prenuptial Agreements & Community Property Law in California
California law is well settled when it comes to the division of assets and debts in divorce. The legal framework used in California divorces is called community property law.
According to community property law, everything acquired from the date of marriage until the date of separation is divided evenly–end of story–unless the parties entered into a valid prenuptial agreement or postnuptial agreement (postnup).
Prenuptial agreements serve to change the legal characterization of property from community property to separate property. They seek to avoid the normal rules of division of earnings and assets acquired during the marriage.
Carlsbad Prenuptial Agreement Attorneys – Helping You Create a Sound, Lasting Prenup
Depending on the issues, some divorces can cost tens or even hundreds of thousands of dollars, not to mention the emotional turmoil and stress that often accompany the divorce process. A prenup can help tremendously, but it must be done correctly.
Our Carlsbad prenup lawyers at GYL have experience drafting valid California prenuptial agreements. To date, our clients have been very happy with our approach to the prenup and the efficiency with which we are able to meet their needs. We are prepared to do the same for you.