If you’re getting a divorce in Stockton and you’ve signed a prenuptial agreement – commonly just called a prenup – here’s what you need to know.
A prenup is a legal document that can help one party’s assets in a divorce. The Uniform Prenuptial Agreement Act covers prenups under California law. The law says that parties to a prenup – in this case, you and your spouse – can agree to things like:
The content of the agreement can’t be extremely unfair, though – if it is, the judge in your divorce will most likely rule against it.
Related: What is community property?
If the court finds that it’s valid, there may still be some parts of it that the court views as unenforceable. For example, if there’s something that’s extremely unfair in it, the court can rule against it.
Sometimes, attorneys can fight against a prenup in court.
Prenuptial agreements made after 2002 are only enforceable if:
Related: Can a lawyer fight a prenuptial agreement in California?
If one spouse would need to go on public assistance to live while the other suffered no such hardship, that’s an example of extreme injustice – and the court may elect not to honor that part of the prenup.
Prenups cannot address child support. California law requires that both parents are responsible for the support of their children, and the state uses a complex formula to determine how much child support will change hands in a divorce.
Related: Is child support mandatory in a divorce?
Your prenup might address community property in a way that prevents you from having to divide it. In some cases, things like earnings during a marriage (which are ordinarily divided) can remain separate property. That means the spouse who earned them is the spouse who is entitled to them.
Inheritances and other assets can be addressed, too. For example, a parent with children from a prior relationship may use a prenup to exclude his or her current spouse from inheritance rights – that way, he or she can ensure that any inheritances are divided among the kids, rather than the kids and the spouse.
If you’ve signed a prenuptial agreement and you’re getting a divorce, we may be able to help you.
Call us at (209) 546-6870 or get in touch with a Stockton divorce attorney online to schedule a consultation today. We’ll discuss your case, find out about your circumstances and start formulating a plan that gets you and your family the best possible outcome.
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