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Premarital And Post-Marital Agreements

California law recognizes three basic types of agreements affecting marital rights and obligations:

  • Premarital Agreements
  • Post-Marital Agreements
  • Marital Settlement Agreements

A Premarital Agreement is an agreement entered into between two prospective spouses in contemplation of marriage or before marriage to determine present and future property rights and obligations, and other issues incident to a marriage, i.e. Spousal support.

A Post-Marital Agreement is essentially the same thing as a Premarital Agreement, only it is entered into between two spouses after marriage rather than before marriage.

A Marital Settlement Agreement is an agreement between two spouses entered into in contemplation of divorce or legal separation.

One thing all have in common is that prospective spouses and spouses cannot waive child support, as such a waiver is against public policy. The right to child support belongs to your child or children, so a parent cannot waive that right on behalf of the child. Over the years, we have seen provisions waiving child support, but the court will not enforce them.

Stringent requirements must be met in order to have a valid and enforceable agreement, whether premarital, post-marital or a settlement agreement while in the process of a divorce or legal separation. Contact Newport Family Law & Mediation Group for more information.