What Can I Put in a Prenuptial Agreement?
A prenuptial agreement may include limitations regarding the earnings and assets of each spouse acquired during the marriage. It can limit the possibility of a spouse acquiring a share of separate business interests. It can also provide that any debts acquired independently by either spouse be deemed the separate debt of the spouse acquiring the debt.
Special Rules Regarding Limitations on Spousal Support
A prenup can also limit or terminate a potential spousal support obligation. Spousal support provisions are difficult to enforce and may not always be upheld no matter how carefully they were drafted. For example, if a divorce court holds that a limitation or termination of spousal support is unconscionable, the court may strike that portion of the agreement.
Also, if the party that would be giving up spousal support is not represented by a divorce lawyer at the time of negotiating and signing the prenup, then the spousal support provision will be invalid.
What Can’t a Prenuptial Agreement Do?
A prenup 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.
GYL Can Help You Create a Sound, Lasting Prenup Agreement
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.