Legal Question in Family Law in California

requring a partner to enter into a prenup agreement

Can a partnership agreement require the partners to enter into prenup agreements in the event that they get married and require that the prenup agreements state that the partnership agreement remains the separate property of the partner getting married?

Is there anything illegal about this?


Asked on 1/30/01, 3:31 pm

2 Answers from Attorneys
Edward Lindley Edward Lindley, Attorney at Law

Re: requring a partner to enter into a prenup agreement

I respectfully suggest tnat Koury is looking at the wrong part of the dynamic involved here. The LV showgirl is not being sked to enter into the "partnership agreement", her potential spouse is. He then has a decision to make, if he cannot sucessfully renegotiate with the partners to eliminate this, then he has to decide which transaction he wishes to become involved in, the "partnership" or the "marriage". If already in the partnership, then this may be grounds for a dissolution of that partnership (each being a marriage of sorts).

Read more
Answered on 3/19/01, 2:14 pm
Ken Koury Kenneth P. Koury, Esq.

Re: requring a partner to enter into a prenup agreement

No, you cannot do that. The problem is, the Las Vegas showgirl your partner might meet in the future is not a party to the partnership agreement and therefore has no obligation to enter into any prenuptial agreement.

Read more
Answered on 3/15/01, 1:56 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California