A marriage settlement agreement, commonly known as a prenuptial agreement, is a legally binding contract that outlines how assets and debts will be distributed in the event of a divorce. In California, prenuptial agreements can be crucial in protecting the interests of both parties in a marriage.

If you are considering a marriage settlement agreement in California, it is important to understand the legal requirements and options available to you. Here is a sample prenuptial agreement that outlines the typical terms and conditions agreed upon by couples in California.

Introduction

The agreement is made between (Name of Party 1) and (Name of Party 2) on (Date of Agreement).

Purpose of Agreement

This agreement is made in contemplation of the parties` marriage and is intended to clarify and define the rights and obligations of each party with respect to all property, assets, debts, and income, both during the marriage and in the event of separation or divorce.

Assets and Debts

The parties agree that all assets and debts owned by them individually at the time of marriage shall remain their separate property. Any property acquired during the marriage, by either party, shall be considered community property and will be divided equally in the event of a divorce.

Spousal Support

The parties waive any claim for spousal support or maintenance should the marriage dissolve. However, in the event that a court determines that one party is entitled to spousal support, the amount and duration of support shall be limited to what is required by law and shall not exceed the amount agreed upon in this agreement.

Pre-Marital Agreements

Both parties attest that they have no knowledge of any agreements or understandings between either party and any third party that would limit or restrict the rights of either party in the event of a divorce.

Acknowledgment of Disclosure

Both parties attest that they have fully disclosed to each other all of their assets, debts, and income.

Modifications

This agreement may not be modified, amended, or terminated except by mutual agreement in writing of both parties.

Conclusion

This sample agreement is only a general guideline and should be tailored to the specific needs and circumstances of each couple. It is important to consult with a qualified attorney to ensure that all legal requirements are met and that the agreement is in compliance with the law.

In California, prenuptial agreements can provide peace of mind for both parties in the event of a divorce. By carefully considering the terms and conditions of the agreement before marriage, couples can protect their assets and debts, avoid costly litigation, and safeguard their financial future.