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Video instructions and help with filling out and completing How to enforce a well agreement
Hi my name is John Griffith I'm a family law and divorce attorney here in San Diego California this is one of the series of videos aimed at addressing common issues that come up in California divorce and family law cases I should note that nothing I say is intended to be or should be taken as legal advice every family law case is different and has its own unique set of facts and circumstances if you need legal advice talk to a family law attorney for free consultations at my office feel free to give me a call and we'll talk about your case today I'll be talking about premarital or prenuptial agreements and whether or not your premarital agreement is valid okay so you're in a situation where you're thinking about getting a divorce or you're going through a divorce and you have a premarital agreement and you need to enforce it or you're in the reverse situation and you want to invalidate the premarital agreement that you entered into before you got married it's important that you know what California law says about drafting a valid premarital agreement it's a very intricate set of statute and case law that have come down and the California courts want to protect actually both parties from certain things and I'll address the the items that can be included in a premarital agreement that you may or may not want to try to invalidate now there are certain requirements in not only drafting the premarital agreement but executing the premarital agreement now if you have provisions in your premarital premarital agreement that are contrary to public policy then those provisions can be taken out of the premarital agreement and if the premarital agreement is drafted properly then everything else can still stick some of those issues are child custody child support religion you know what religion you're supposed to raise your kids and things of that nature those are against public policy can't be included in the prenup at least a valid prenup now what you can include an ax prenup would be property division and how the court is going to look at property that you acquired during the marriage the general rule if you didn't have a prenup is that everything that you acquired between the date of marriage and the date of separation would be divided in half and one of the main reasons that people enter into prenups is to bypass that provision of the law and keep separate property separate between the spouses so whatever each spouse acquires during their marriage would be considered separate property rather than community property now looking at the procedural requirement of a prenup and the ways that you can attack a prenup you want to look at how the prenup was executed or presented to the spouse against whom that prenup is supposed to be enforced now the first requirement is that there be a seven-day waiting period between.