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Prenuptial Agreements: What They Can and Can’t Do

Posted by Monica J. Levavi | Aug 31, 2018 | 0 Comments

San Francisco divorce attorneys
At Rubin & Levavi, P. C., we see prenuptial agreements as an important tool that, in the right circumstances, can carry a whole host of benefits. However, we've also seen people try to expand on the scope of their prenup way past was is legally allowed or considered valid. To help you determine whether a prenup is right for you, this post dives a bit deeper into this issue and looks at the things prenups can and can't do in the state of California.

Reasons to Consider A Prenuptial Agreement

Prenuptial agreements are a great way for couples to protect their own assets and property, and in the case of a divorce, to work out a variety of complex legal affairs ahead of time. They can be used to address matters such as:

  • Keeping separate finances even after you're married
  • Setting up ways to provide for any previous children
  • Shielding yourself from one another's debts
  • Establishing divorce terms in advance
  • Specifying financial responsibilities within the marriage

The Scope of Prenups is Limited

On the other hand, there are limits to what can be enforced within a prenuptial agreement, or even approved to begin with. For example, you can't have your spouse forego the right to alimony in advance, set terms that promote or encourage divorce, or place any limits or restrictions on child support or visitation. You also can't set any other marriage rules that don't involve finances.

So there you have it, now you should have a clearer picture into what prenuptials enforce and don't enforce in CA. At any rate, if you want to learn more about prenuptial agreements, divorce, or any other matters relating to family law in California, be sure to reach out to us at Rubbin & Levavi P. C. Call us today to schedule a free initial consultation!

About the Author

Monica J. Levavi

Monica became an attorney in 2010. However, for the seven years prior to attending law school, Monica worked as a legal assistant in her mother's, Nancy's, solo family law practice. It was during that time that Monica realized her ability to assist the law practice's clients would be greatly enha...

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