California is a community property state. If you were to get divorced in California, all property that was acquired by the spouses during the marriage would be subject to division by the court. Usually, this is an equal division which is 50/50. If you have brought property into the marriage, it would usually become community property if the property became commingled with marital property. Chances are that nearly all of your property would be divided unless you could prove that it was separate.
California law makes it even more important for you to consider a prenuptial agreement before you get married. For example, if you have a business or any other significant amount of assets in your name before marriage, you should consider protecting them through a contractual agreement with your future spouse. A prenuptial agreement will specify what happens to your property in the event of a divorce and how it is to be divided. You can remove some property from the community if you do so by agreement.
You are better off when you consult an experienced attorney for help with a prenuptial agreement. Each spouse needs to have their own lawyer. Before you could sign the agreement, you would need to make full disclosure of all of your assets. In addition, this agreement must be negotiated between both spouses, and it cannot be unfair or lopsided in favor of one of the spouses. If you have any assets before the marriage, or the other spouse has debts, the prenuptial agreement can save you significant stress and litigation costs in the future.
Contact a Marin County Family Law Attorney
The Mason Law Office can advise you on a prenuptial agreement when you need one, and we can help you draft the language. To learn more about how we can help you, contact us online or call us today at 833.770.1372.