You don’t need a prenuptial agreement for a second marriage. However, if you wish to specifically define the property you are bringing into the marriage and specifically determine how the property you acquire during the marriage is to be held and/or classified, a prenuptial agreement can accomplish those directives. Prenuptial agreements are highly favored by the courts even if their terms are inconsistent with California law. There are various requirements, such as full disclosure of all assets and debts and a seven-day waiting period between the time the agreement is signed and your actual wedding day. These agreements take some time to prepare due to the negotiations and disclosure, so I would suggest seeing an attorney well in advance of your intended wedding date.
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.