Can you waive alimony in a prenup in California?

Under California law, spousal support can be waived by a person prior to the marriage in a prenuptial agreement. The future spouse must have independent legal counsel at the time of signing the prenuptial agreement and the terms must be conscionable at the time of signing.

Can you remove alimony in prenup?

The answer is yes. You can waive alimony in a prenuptial agreement; however, it must be done with the significant caveats and disclosures and there is never a 100\% guarantee. However, if the waiver of alimony would leave the spouse needing government assistance, the court can and will set aside the waiver of alimony.

What can a prenup protect in California?

A prenup can regulate all aspects of how separate and community property assets and liabilities are treated. In the case of a financially independent couple with their own resources, a prenup can provide that all income, assets and debts acquired or incurred remain separate property.

Are prenuptial agreements recorded in California?

A: No. Under the California Family Law Code, prenuptial agreements must be in writing in order to be enforceable.

Do prenups expire in California?

For anyone considering a prenup, the good news is that a prenup written in the state of California will not expire. In fact, regardless of the state that a prenup is written in, the document does not expire.

How do I nullify a prenuptial agreement in California?

California’s Representation Rule The state’s version of UPAA mandates that each spouse hire an independent attorney to review the prenuptial contract and advise them of their rights. Failure to observe this step could nullify the contract.

How do I revoke a prenuptial agreement in California?

Can a prenup be revoked? Prenuptial agreements help couples determine what will happen to the parties’ assets in the event of a divorce or a spouse’s death. The law states that couples cannot revoke prenuptial agreements unless both parties agree to it.