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James D. Madden & Aruna P. Rodrigo, Family Law Attorneys

What Is A Premarital (Prenuptual) Agreement? 01-19-2011

What Is A Premarital (Prenuptual) Agreement?

If you are thinking about getting married, the thought of a premarital agreement has probably crossed you mind. For most people, that thought stays in their mind because of the uncomfortable situation that would surely follow. Most people are of the mindset that signing a premarital agreement will undoubtedly jinx their marriage, or that the person suggesting the premarital agreement expects the marriage to end in divorce. However, a premarital agreement is simply a contract between two individuals. It is not meant to suggest or predict doom.

Family Code Section 1610 defines a premarital agreement as "an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage" and must be in writing and signed by the parties. Unlike other contracts, the agreement is enforceable without consideration. A premarital agreement can be modified or revoked only by a written agreement and signed by the parties.

The Uniform Premarital Agreement Act ("Act") applies to any premarital agreementexecuted on or after January 1, 1986. Under the Act, parties may agree to terms including, but not limited to, property rights, so long as it is not promotive of divorce, life insurance benefits, and choice of law. Further, the Act prohibits certain terms, including but not limited to, an adverse affect on child support and unconscionable terms.

If you or a loved one is planning to get married, please contact our Rancho Cucamonga family law office and set up a free consultation. Our Rancho Cucamonga family law attorneys would like to sit down with you and discuss your options with you.
Categories: Premarital Agreement

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