California law has specific requirements for a prenup to be enforceable.
Marriage is supposed to be about love and commitment. It also creates an important and often complicated legal relationship, subject to laws that can significantly impact a party’s future rights and obligations, especially concerning money and property, at divorce, separation and death.
When an engaged couple would prefer different rights and obligations than those automatically dictated by California law upon marriage, they should consider a premarital (also known as a prenuptial) agreement. A premarital agreement is defined in California law as ” an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage” – it is a binding and enforceable contract.
California law specifies not only what may be included and not be included, but also what procedures and formalities are required.