Absolutely. Prenuptial agreements, when crafted correctly, are legally binding in California. However, a prenup needs to meet certain conditions to maintain its validity. These include:
- Proof that the agreement is entered into by each party’s free will
- Offering sufficient time for each party to review the agreement
- The disclosure of all separate property
The elements listed above are essential to have if you are drafting a prenuptial agreement for your marriage, which is why you need a skilled family law attorney. If you’re considering a prenuptial agreement or trying to determine if you can enforce an existing one, you need an experienced attorney to help you out. Let Kendall Gkikas & Mitchell, LLP guide you through the complexities of prenups.