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Premarital Agreements

Learn about the formation and permissible scope of premarital agreements.


Most of California’s community property rules are default rules. Spouses may agree that different rules will govern their separate property, community property, or both. Such agreements may be entered into before marriage or during marriage. In this video, we’ll take a closer look at agreements before marriage, known as premarital agreements.

I. Formation

There are three key requirements to form a valid premarital agreement. First, the agreement must be in contemplation of marriage,...