John J. Gilligan, a family lawyer in Long Beach, answers:
A prenuptial agreement circumvents California law. This means that the court will uphold the agreement obtained by you and your spouse as opposed to implementing California law. A prerequisite, of course, is that the prenuptial agreement must be valid. However, assuming it is valid, the court will incorporate the terms and conditions of your premarital agreement into a judgment even if your agreed-upon issues are contrary to California law.
John Gilligan is a founding partner at the family law firm offices of Brandmeyer Gilligan Dockstader & Davidson, LLP in Long Beach, CA. John has over 30 years of experience handling family law, probate litigation, and estate planning matters. He can be reached directly at 562-431-2000.