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The Top 10 Questions to Ask Before Writing Your California Prenuptial Agreement

Top 10 questions to ask when writing your California Prenup

You’ve just gotten engaged and there are so many exciting things to do – picking a venue, choosing food, a dress/tux, flowers, family. In all the excitement, have you stopped to consider the legal consequences of marriage? As California family law attorneys, we see that most folks enter marriage without any understanding of the resulting legal and financial obligations.  From our point of view, researching prenuptial agreements and the impact of applying California’s default family law is a pro-active and postive start to your new life with your partner.

If you don’t know where to start, you’re not alone.  We’ll use this article to highlight the top 10 questions you need to ask before writing your California prenuptial agreement.

The California Prenuptial Agreement:  The Top 10 Questions to Ask

  1. What are my marital rights and responsibilities under California law if I do not have a prenuptial agreement?
  2. How does community property work in the event of a divorce?
  3. How does a prenuptial agreement work in California?
  4. What are my prenuptial agreement options?  How much flexibility do I have?
  5. Is a simple agreement sufficient in my case?
  6. What do I want to happen if my spouse and I separate or divorce?
  7. How does community property work in the event of a lawsuit from an outside creditor?  What if my prenuptial agreement says my property is separate property?
  8. Will my prenuptial agreement be binding if I need it in the future?
  9. How do I protect my inheritance, sentimental assets, or a family home?
  10. Do I need a California family law attorney to design and draft my prenuptial agreement?


Most California family lawyers can answer all of these questions for you – in our view it’s worth it to pay an attorney for an hour of their time to know what you’re getting into before you tie the knot.  Our blog has answers to many of these questions as well.

A Lawyer:  How to Find a California Prenuptial Agreement Attorney

To learn how California community property and marital law apply to your life or to learn more about prenuptial agreements, we invite you to consult with one of our qualified family law attorneys.  Email info@heathnewton.com or call 415.398.1290.  We look forward to hearing from you and wish you and your soon-to-be spouse many years of happiness.

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