California and the Uniform Premarital Agreement Act
A prenuptial agreement is a legal document signed by both future spouses prior to a marriage and sets certain provisions in place should the marriage end in divorce. While virtually anything can be addressed in a prenuptial agreement, the most common provisions concern the division of property and the value of any alimony payments. California is one of 46 states to have passed the Uniform Premarital Agreement Act (UPAA), and understanding the act is important to understanding how prenuptial agreements work.
If you or someone you love is interested in drafting a prenuptial agreement to protect him or herself in the event of a divorce, the San Jose divorce attorneys of the Law Office of Daniel Jensen, P.C. may be able to help. To learn more about what we can do for you, contact us today by calling 408-296-4100.
The UPAA
The Uniform Premarital Agreement Act was drafted by the National Conference of Commissioners on Uniform State Laws in 1983. The National Conference is a non-profit organization which drafts legislation proposals which allow standardization of laws across state boundaries. As of 2010, 46 states have passed the UPAA; the only hold-outs are Mississippi, Missouri, South Carolina, and West Virginia.
In order to be considered legal, prenuptial agreements must meet the following criteria:
- They must be in writing, and signed by both spouses
- They cannot violate any California state laws
- Child support arrangements cannot be determined in prenuptial agreements
- They must be entered into freely and without coercion or duress
If these criteria are not in place, the prenuptial agreement is not legally binding.
Contact Us
If you are interested in seeking a prenuptial agreement, or are concerned that your spouse is trying to get out of obligations established in a prenuptial agreement, a San Jose divorce lawyer from the Law Office of Daniel Jensen, P.C. may be able to help. Contact us today by calling 408-296-4100.
