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Ventura Prenuptial and Premarital Agreements

California law recognizes three basic types of agreements affecting marital rights and obligations. A premarital agreement is executed between prospective spouses prior to their marriage. Marital "post-nuptial" agreements are signed by husbands and wives during marriage. Marital settlement agreements are executed for divorce or legal separation purposes that resolve the parties' rights and obligations towards each other. Each of these agreements has their own formality and requirements that must be followed to be valid and enforceable and to a certain extent allows the parties to "tailor" their settlement to meet their specific needs. These rights are also available to Registered Domestic Partners.

Premarital agreements executed after January 1, 1986 are governed and must comply with the Uniform Premarital Agreement Act. Generally requirements that must be met are that the agreement must be in writing; that full disclosure of property and financial information be complete and full; that there be at least seven days between the time a premarital agreement is first presented to a party and that the agreement is signed. There are additional formalities and requirements making a full understanding of the law an absolute necessity by the draftsman.

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