Can You Put Clauses in a Prenup?
One of the biggest advantages of a prenuptial agreement is its flexibility. Couples can include various clauses tailored to their unique circumstances and future plans. But in California, not all clauses are created equal—some are enforceable, while others may be struck down in court. Understanding what you can and cannot include in a prenup is crucial to creating an agreement that serves both parties.
Answering The Question: Can You Put Clauses in a Prenup?
What Clauses Can Be Included in a Prenup in California?
Prenuptial agreements in California allow couples to address a wide range of financial and personal matters. Common clauses include:
- Property Division: Couples can specify which assets remain separate property and which are considered marital property.
- Debt Responsibility: A prenup can outline how debts will be handled, protecting one spouse from being held responsible for the other’s liabilities.
- Spousal Support: While spousal support clauses are allowed, California courts may invalidate them if deemed unconscionable or unfair at the time of enforcement.
- Estate Planning: Prenups can include provisions to protect inheritances or ensure children from a prior relationship are financially secure.
What Clauses Are Not Allowed?
There are limits to what can be included in a prenup. California law prohibits clauses that:
- Violate Public Policy: For example, agreements about child custody or child support are unenforceable because these decisions must be made in the child’s best interest.
- Encourage Divorce: Clauses that incentivize divorce may be deemed invalid.
How Ewing Mediation & Family Law Can Help
At Ewing Mediation and Family Law, we specialize in helping California couples draft prenuptial agreements that balance flexibility with enforceability. Our team ensures your prenup:
- Includes clauses tailored to your needs and goals.
- Complies with California’s strict legal requirements.
- Protects your financial and personal interests.
Contact us today to schedule a consultation and learn how we can help you create a prenuptial agreement that works for you and your future spouse.
Contact Ewing Mediation & Family Law Today For A Prenup Agreement In Torrance, California
If you’re considering a prenuptial agreement in Torrance, California, Ewing Mediation & Family Law is here to help. Our experienced attorneys specialize in creating personalized, legally sound prenups that meet your unique needs. Whether you’re planning your marriage or seeking to protect your assets, we’ll guide you through every step of the process. Contact us today to schedule a consultation and learn how we can help you draft a prenuptial agreement that provides peace of mind and protects your future. Let Ewing Mediation & Family Law be your trusted partner in planning for a secure and successful marriage.