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Home > Family Law > Same-Sex Prenuptial Agreement

California Same-Sex Prenuptial Agreement Attorney

Same-sex marriage has been fully legal in California since June 28, 2013, although marriage licenses were being issued to same-sex couples in the state as far back as 2008. Since the Supreme Court’s Obergefell v. Hodges decision in 2015, same-sex marriage has been legal nationwide. Now, same-sex marriages carry the same legal benefits and requirements as opposite-sex marriages.

Same-sex couples are guaranteed the same rights as opposite-sex spouses, including the right to divorce and the right to draft a prenuptial or premarital agreement. Prenuptial agreements are no longer the purview of the rich and the famous, if they ever were, and more and more couples are entering into prenups every year. They can be an invaluable tool in protecting your valued assets and ensuring that you are planning for the best while being prepared for the worst. If you’re planning to marry, talk to a same-sex premarital agreement lawyer at Blasser Law today to discuss your options.

What You Can Include in a Prenup

Prenuptial agreements can be used to protect your valued financial interests both before and after marriage. If you and your spouse ultimately split, the prenup will act as the basis for the divorce settlement agreement, saving you time, money, and emotional energy down the line.

Same-sex marriages include the same financial concerns as opposite-sex marriages, and prenuptial agreements can be used to alleviate those concerns. Prenups can cover the protection and/or distribution of a variety of financial assets during and after marriage, including:

  • Ownership and distribution of property, including cars, houses, and personal possessions
  • Ownership of income streams, including business ownership interests, salaries, and stock market investments
  • Protection of a family business or other business investment
  • Alimony or spousal support
  • Insurance coverage after marriage
  • Inheritance and other estate planning matters
  • Protection of property for children from a prior marriage

Premarital agreements can also include an outline of financial responsibilities during the marriage, including:

● Incomes and deductions for tax purposes
● Savings contributions
● Debt management and protection from your spouse’s debts
● Household expenses
● Payment for higher education for a spouse or children

Prenups can be used to account for a wide range of financial matters. They are generally not enforceable when it comes to daily personal matters, such as where to stay during the holidays or intimacy schedules. Prenups are also unable to dictate child support, child custody, complete forfeiture of alimony rights, or anything illegal.

If you are considering a premarital agreement, call a knowledgeable California same-sex premarital agreement lawyer at Blasser Law to discuss your circumstances and what items your agreement may cover.

Requirements for a Valid Prenup

A prenuptial agreement is essentially a contract between two prospective spouses. Like other contracts, in order to be enforceable, the agreement must satisfy certain legal requirements. In California, the following must be true for a prenup to be valid:

  • The agreement must be in writing and signed by both parties. For good measure, it should also be notarized.
  • Both parties must enter into the agreement voluntarily, without coercion, with sufficient time to review the terms and conditions, and with sufficient information to understand any rights they are waiving.
  • Both parties must provide a full, fair, and reasonable disclosure of their assets and financial obligations before signing.
  • Both parties must be represented by separate, independent attorneys in the creation and review of the agreement.

If an agreement is unconscionable or unfair, or if one party was tricked or coerced into signing (such as if the other spouse lied about their assets or forced the prenup the night before the wedding), the agreement will not be enforceable. Make sure you have a seasoned Southern California prenuptial agreement lawyer on your side as you negotiate, draft, and execute your California premarital agreement to ensure that the agreement is fair, valid, and adequately protects your interests.

Get Sound Advice and Professional Assistance with California Same-Sex Prenuptial Agreements from Blasser Law

For knowledgeable, dedicated and professional help with a prenuptial agreement or other family law issue in California, contact a same-sex prenuptial agreement attorney at the Claremont offices of Blasser Law at 877-927-2181.

Blasser Law

445 West Foothill Blvd., Suite 108
Claremont, CA 91711




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