A prenuptial agreement is a legal contract that is created between two people before they get married. The agreement outlines how assets and debts will be divided in the event of a divorce. In California, a prenuptial agreement must be signed at least 7 days before the wedding in order to be considered valid.
There are many reasons why couples opt to create and sign a prenuptial agreement. One of the main reasons is to protect their individual assets. Many people enter into a marriage with significant assets and they want to ensure that those assets are protected in the event of a divorce. A prenuptial agreement can also be used to outline spousal support payments, which can be an important consideration for couples where one spouse earns significantly more than the other.
In California, a prenuptial agreement must be signed at least 7 days before the wedding in order to be considered valid. This is known as the “7-day rule.” Both parties must have had ample time to review the agreement and seek legal counsel before signing. If the agreement is not signed at least 7 days before the wedding, it may not be enforceable in court.
It is important to note that a prenuptial agreement cannot be used to determine child support or child custody arrangements. These issues are decided by a judge based on what is in the best interests of the child. Additionally, any provisions in the agreement that are deemed to be unconscionable, or extremely unfair to one party, may be thrown out by a court.
If you are considering a prenuptial agreement, it is important to work with an experienced attorney who can help you navigate the process. An attorney can review the agreement to ensure that it is fair and reasonable, and can help you understand your legal rights and obligations. With proper planning and legal guidance, a prenuptial agreement can provide peace of mind and protection for both parties in the event of a divorce.