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Understanding Premarital and Prenuptial Agreements in Orange County, California – Part I

by Dinnebier & Demmerle on March 26, 2014

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In today’s post and a subsequent one, we’re going to talk about premarital and prenuptial agreements in California. The Uniformed Premarital Agreement Act (UPAA) creates the scaffolding for prenuptial agreements. If you want to “dig deep” into the law, check out California Family Code Statutes 1600–1617.

 

Let’s examine these laws in greater detail.

 

California and Family Code Section 1610 defines terms like “premarital agreement” and “property.” The subsequent section, 1611, describes the nature of the pre-marital contract. For instance, the couple can predetermine obligations and rights regarding property — this covers the right to acquire, sell, consume and mortgage property and create contingency plans in the event of death, dissolution of the marriage or separation. It also defines how parties can determine personal rights and obligations, such as child support and spousal support, and make decisions regarding trust, wills and life insurance policies.

 

Of course, constructing a California prenuptial agreement — or figuring out how that agreement applies in the event of a separation or divorce — can be a complex affair. The Demmerle & Dinnebier team can explain your rights. Connect with us today to set up a consultation with us.

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