Legal Question in Family Law in California

Good morning,

I'm in military currently stationed in Germany, and planning to get married with a German citizen in Germany. I want to file prenuptial with my fiance, my question is, "Is it legal and acceptable if I get form from CA superiorcourt for my married in Germany?". I will be back to CA in 17 months with my wife and live in there. Is the prenup agreement will be valid later on in CA?

Thank you


Asked on 4/28/10, 7:14 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I don't think there is a form from the superior court for a prenuptial agreement. To be valid in California, a prenuptial has to follow certain rules (such as not encouraging divorce, or contain penalties) and both potential spouses must have the opportunity and review by independent counsel, or sign a waiver of that right in writing. An attorney in Germany who is not licensed in California would not satisfy the requirement. An attorney in Germany is not going to be familiar with California's community property laws.

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Answered on 5/03/10, 10:16 am


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