Legal Question in Family Law in California

You can include any terms in this agreement concerning property, debts and support. Keep in mind there are exacting rules that must be followed in the proper formation of a nuptial agreement. If it's not done correctly, the courts will set it aside.

Any provision in a premarital agreement regarding spousal support, including, but not limited to, a waiver of it, is not enforceable if the party against whom enforcement of the spousal support provision is sought was not represented by independent counsel at the time the agreement containing the provision was signed, or if the provision regarding spousal support is unconscionable at the time of enforcement. An otherwise unenforceable provision in a premarital agreement regarding spousal support may not become enforceable solely because the party against whom enforcement is sought was represented by independent counsel.

(Fam Code, � 1612, subd. (c).)