San Diego Prenuptial and Postnuptial Agreements Lawyers

Spousal support can also be addressed in a marital agreement, although California places important limits on these provisions. A provision concerning support must satisfy applicable legal requirements to be enforceable. These issues make careful drafting and independent legal advice particularly important when an agreement includes a support waiver or other limitations.

What a Marital Agreement Cannot Do

There are also matters that a prenuptial or postnuptial agreement cannot simply predetermine. Parents cannot use a marital agreement to permanently dictate future child custody or child support. Those decisions are addressed according to the child's circumstances and applicable law when the issue actually arises.

Timing and execution matter as well. California law imposes specific requirements for prenuptial agreements, including a waiting period between receiving the final agreement and signing it. 

The parties must also make appropriate financial disclosures so each person understands the financial circumstances underlying the agreement. Rushing an agreement immediately before a wedding or failing to provide required information can create significant questions about its enforceability.

For these reasons, a marital agreement should not be treated as a standard form to be signed and filed away. The appropriate provisions depend on the couple's assets, debts, financial expectations, and specific circumstances. Careful planning can provide greater clarity while both parties have the opportunity to review and understand the terms.