Premarital Agreements allow you to decide in advance how to divide property and award spousal support. Premarital agreements are governed by California Family Code sections 1600 et seq. and must be in writing. While you cannot waive the duty that each spouse has to support the other while married and living together, you can each waive spousal support in compliance with In re Marriage of Bonds (2000), 24 Cal.4th 1, 99 Cal.Rptr.2d. 252. Still, a waiver of spousal support in a premarital agreement is unenforceable if the party seeking support was not represented by independent counsel at the time of the agreement, or if it is "unconscionable" at the time of enforcement. See California Family Code section 1612(c). With each party represented, you can draft a voluntary agreement. California Family Code section 1615(c).
I understand that going through a marital dissolution can be one of the most trying issues in life. A marital dissolution carries lasting impacts on your family and your finances. Going through a divorce, you might need to ask the court for orders such as child support, spousal support, partner support, custody and visitation, domestic violence restraining orders, division of property, attorney fee awards and other relief. Some clients are interested in pursuing legal separation, which maintains the marital status but resolves all other issues, or nullity of marriage, which restores parties to unmarried status as if they were never married, and you should consult with counsel in these regards.
If you have children and are not married, you may file a case to establish the parental relationships. This means you are asking the court to say who the parents are, and you can also request child support, custody and visitation orders at the same time. If there is a dispute, DNA paternity tests are often considered 99.99% accurate and regularly accepted in court. Either parent can file a parental relationship case at the Lamoreaux Justice Center and the parentage determination will give the child the right to support while also allowing inheritance claims and/or Social Security benefits.