Legal Question in Civil Litigation in California

Re: pre-nuptial

A pre-marital agreement does not need to be filed anywhere. It's a contract between the parties.

There are certain formalities that need to be followed or otherwise the agreement will be unenforceable.

At the very least, you should have one or two unbiased witnesses to signing, and the signatures should be notarized. Most importantly, each party should certify that he/she had an opportunity to consult with independent counsel prior to executing the agreement.

Also, certain property/rights cannot be waived, even by pre-marital agreement (for example, child support due).

There is more to pre-marital agreement than might seem to the unarmed eye, so please consult an experienced attorney in your area.

Thanks.