A premarital agreement is sometimes called an antenuptial agreement or prenuptial agreement. It is a written contract entered into by parties contemplating marriage that sets out, in contract form, how property will be divided in the event the marriage ends in divorce. It can also set out whether spousal support will be paid by one party to the other. It cannot bind the parties on matters such as custody or child support.
Because case law in California has set out a number of limitations on what can and cannot be done in a premarital agreement, it is wise to have the agreement prepared by an attorney with deep experience as a Certified Family Law Specialist, to help ensure that it will be enforceable in the event the marriage ends. Such an attorney can also help make sure that everything that needs to be included is covered, and that what should not be included is excluded.
A poorly drafted agreement can end up costing the parties more money and time than having no agreement at all.