The (in)famous "prenup," the implications of which are illustrated humorously in the movie "Intolerable Cruelty," can legally, if enforceable, preempt a divorce settlement from the standard presumptions contained in the California Family Code. The prenuptial agreement may also have terms that apply at death prior to a divorce, or even during the marriage upon a defined event or condition. Some prenups may become void after a certain time period. The prenup is also a key element of a sophisticated marriage or estate plan.

Parties are free to agree to almost anything in their prenuptial contract, including how to raise their children, how to bank together, how to file tax returns, how to save, how the house will be owned (or not), and how the retirement funds will be owned, (or not).! These terms are commonplace. Even more controversial provisions relate to spousal support, thanks to the Bonds case, and the complete exclusion of accrual of any community property at all.

FC 1612 provides this: 1612. (a) Parties to a premarital agreement may contract with respect to all of the following: (1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located. (2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property. (3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.
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