Definition: Premarital agreement
Definition: Premarital agreement
Roseville Family Law Legal Glossary

Family Law Glossary: Premarital agreement

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In Placer County and throughout California , a premarital is also known as a prenuptial agreement. Section 1610 of the California Family Code defines a premarital or prenuptual agreement as an agreement between two people considering marriage which becomes effective once married. In short, the agreement identifies each party’s obligations when married and if they divorce: whether either spouse will receive alimony, what qualifies as community property, and how much property each will get. Couples can also waive inheritance rights in the event one spouse dies. Premarital agreements cannot be unconscionably unfair, and any provision regarding child custody or child support will be void. There are very strict requirements for the parties to a marriage related to a premarital agreement. A “premarital” (or “antenuptial”) agreement is a contract executed between prospective spouses in contemplation of marriage, fixing marital property rights and financial responsibilities upon consummation of the marriage. Or, in the context of a domestic partnership, it is a contract executed between the parties in contemplation of registering their partnership with the State, fixing their property rights and responsibilities upon the registration. C. Premarital Agreements, Cal. Prac. Guide Family L. Ch. 9-C

 

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