A prenuptial agreement, sometimes called a prenup, is a type of contract between two people about to get married. The agreement often contemplates what will happen if a couple divorces, e.g., whether a spouse will receive alimony and how community property will be divided. There are many types of provisions that can go into a prenuptial agreement, but California law also prohibits certain terms. For example, no prenuptial agreement can include provisions regarding child custody or child support. Men and women should retain an attorney to draft or negotiate a prenuptial agreement. Under California law, there is no distinction between premarital or prenuptial agreements.
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