What Can And Can’t Be Included In A San Jose Prenuptial Agreement

If you are planning to get married and want to protect your finances, a San Jose prenuptial agreement can provide clarity in money matters and peace of mind. It opens up lines of communication, offers clear disclosure, and details each party’s rights in the event of death or divorce. However, not everything is fair game when creating one.

California law sets clear boundaries for creating prenuptial agreements in Santa Clara County, and failing to follow the rules could make yours unenforceable. Whether you’re concerned about property and assets, debt, or future support, our experienced San Jose prenuptial agreement lawyer explains what can and cannot be included in this document.

What You Can Include in a San Jose Prenup

Prenuptial agreements are meant to streamline financial decisions, reduce future conflict, and define each spouse’s rights in case of divorce or death. Rather than indicating doubt about your relationship, it helps clarify money matters, one of the most common causes of arguments among couples.

Under Section 1612 of the California Family Code, couples have wide discretion in how they customize their prenuptial agreement, provided it is within reason. Terms commonly included in a valid San Jose prenup include:

• Division of property and debts acquired before or during the marriage.
• Rights to specific assets like real estate, retirement accounts, or business interests.
• Designations on whether certain property and assets remain separate or become community property.
• Responsibility for student loans or credit card debt.
• Reasonable spousal support term.
• Provisions about estate planning or life insurance.
• Instructions for what happens if one spouse passes away.

These terms can help protect family wealth or a business, shield one partner from the other’s liabilities, and reduce uncertainty in the event of divorce.

Creating a San Jose Prenuptial Agreement? Here’s What You Can’t Include

While creating a prenuptial agreement in San Jose gives you some legal control over your future, there are strict limits. Judges in the Santa Clara County Family Court will not enforce terms that conflict with public policy or infringe on legal rights, especially when children are involved. Here’s what you can’t include:

• Anything related to child custody or child support.
• Unconscionable (unfair) or excessive limitations on spousal support payments.
• Provisions that encourage either a divorce or separation in the future.
• Personal requirements, such as your partner’s appearance, chores, or intimacy.
• Waiving rights to disclose assets or income.

Including invalid provisions in a San Jose prenuptial agreement could result in the court declaring it invalid, eliminating all the protections you intended to put in place.

To Ensure You’re Protected, Contact Our Experienced San Jose Prenuptial Agreement Lawyer

Creating a well-crafted prenuptial agreement in San Jose protects your rights both during the marriage and in the event of a divorce. At Argyris Mah, LLP, we can guide you through the process, avoiding misunderstandings and ensuring that both partners feel secure.

To create a fair and enforceable prenup that is tailored to you and your partner’s specific needs, contact our experienced San Jose prenuptial agreement lawyer. Request a confidential consultation today.

Sources:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=1612.

santaclara.courts.ca.gov/divisions/family-division