Prenuptial agreements can impact divorce proceedings by predetermining how assets, debts, and even spousal support will be handled in the event of a divorce in California. For a prenup to be enforceable, it must meet certain legal standards, including:
- 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
Understanding the implications of a prenuptial agreement during a divorce is key and having a skilled family law attorney draft one is also crucial to protect its validity. If you have a prenuptial agreement and are considering divorce, or are considering drafting a prenuptial agreement prior to getting married, Kendall Gkikas & Mitchell, LLP can help.
