definition of pre-nuptial agreement?

Question

the legal mechanisms involved with the preparation and completion of pre-nuptila agreements under state of california law

Answer 1

The opposite of trust.

Answer 2

California is a community property state. Community property is most property acquired during marriage, and before permanent separation, except property from inheritance or direct gift. All property that is not community property is the separate property of the appropriate spouse,

A pre-nuptial agreement allows the parties to make determinations of what will be separate property and what will be community property independent of the default rules.

In California, the requirements in place since 2002 require the agreement to be in writing, signed by both parties. The parties must have at least seven days before the document is signed to review it. It must be written or translated in to the native language of each party, though a separate waiver may be signed to avoid the translation requirements.

Both parties must have the opportunity to consult with separate and independent attorneys. The consultation with the attorney also can be waived, but must be done so in a separate writing from the pre-nup itself.

The terms of the pre-nup can also not be unconscionable (must be fair and equitable) at the time the pre-nup is signed, and that provision cannot be waived.

{EDIT} Tom (above) is not correct about some of the California specific requirements, and should not be giving legal advice or telling people "that's all you need to know".

Answer 3

IGNORE THIS. I'm leaving it here for archival purposes. I used an out-of-date reference. Again, IGNORE THIS.

There are no specific legal mechanisms for the creation of a prenuptial agreement in California or any other state. However...

...prenups are a sort of tricky area of law. They're now legally recognized throughout the country, but there are restrictions to what they can and cannot cover.

First, the agreement has to be drafted by an attorney. This isn't a legal limitation, but a common sense thing. Prenups get the crap scritinized out of them by judges if they are ever enacted, so a layman-penned agreement frequently won't stand up.

Second, the agreement has to be entered into willingly by both parties. That is to say, if either party enters into the prenup through coercion of any time, the agreement is invalidated.

Third, the agreement has to be "fair." In other words, it can't be unconscionably biased toward one party or the other. If the agreement is designed to protect one party with little-to-no regard for the welfare of the other party, it will be invalidated when it comes time to adjudicate it.

A prenup is really just a sort of contract, except for the fact that there is no guarantee of consideration (the receipt of something desirable for signing the contract). Once the contract has been drafted and agreed upon, have multiple copies signed before a notary public, who will then notarize the signatures.

That's all you need to know, really.

Answer 4

both parties involved should have SEPERATE attorneys so no conflict of issue or unfair representation issues come up
if the nuptial is deemed to restrictive it will be null and voided so caution must be taken
you are better of never getting married
there is simply no benefit much less risking all that you have earned
when you can still live together without he legal and binding marriage contract that both parties sign
love has nothing to do with money
the money issue is always a security ( for both sides ) issue
and in family court it always comes down to partion of assests and income