Pre/Post Nuptial Agreements

Wedding Rings and Bridal Crown

What are the limitations of pre/post-nups?

  • California prenups cannot regulate child custody or child support.

  • A prenup can waive or limit spousal support as long as it is not found unconscionable at the time of divorce. 

How do pre/postnups affect community or separate property?

  • Without a pre/postnup, California law automatically divides community property in half between the spouses.  Additionally, under California law, separate property (which is property attained by gift, inheritance, or was previously owned before the date of marriage) keeps the same character.

  • With a pre/postnup, the spouses can regulate how any separate and community property assets are to be treated.

When to hire an attorney?

  • Both parties to a pre/postnup should be represented by their own attorneys to ensure all interests are fully represented. 

  • A pre/postnup will only be enforceable if the spouses follow the laws that dictate the proper way to create a pre/postnup.

  • An attorney will ensure your wishes are protected.

  • To review a prenuptial agreement with you prior to signing.

Communication is key to a successful relationship. 

A pre/postnuptial agreement is a set of guidelines discussed between you and your partner.  Without a pre/post-nup, your marriage will be governed by law imposed by California in the Family Code and Probate Code.

The Law Office of Brianna J. Giliberto-Hermann is available to assist clients in

Pre/Post-Nuptial Matters.

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