Commonly known as prenups, prenuptial agreements have increasingly become part of the pre-marriage picture. Without one in place, California law becomes the default if the marriage does not work out. Although no one wants to enter into a new marriage with an eye toward its ending, leaving it up to California law to hash out can be prevented with a bit of pragmatism.
At best, a prenuptial agreement spells out clearly where each partner stands concerning financial matters and creates a foundation for trust concerning money matters. If you’re getting married, here is what you need to know about prenuptial agreements in California.
Prenuptial Agreements Aren’t Only for the Well-Off
Because California is a community property state, both partners potentially have something to lose when the marriage doesn’t go as hoped. Ideally, a well-crafted prenuptial agreement protects both spouses, and those that are viewed as unfair or lopsided by the courts may be deemed unenforceable.
Prenuptial Agreements Can Be Customized
Because no two unions mirror images of one another, no two prenuptial agreements should be either. These agreements can be customized to meet the individual needs and preferences of each couple. Suppose one party is set to inherit a significant sum of money or property at some point in the future. In that case, a prenuptial agreement can limit the amount awarded to the other spouse upon dissolution of the marriage.
If one person collects certain items as a personal passion, the agreement can protect that collection from being split down the middle by the court.
Prenuptial Agreements Lessen the Pain of Divorce
Hashing out financial details through multiple back-and-forth communications with attorneys and court appearances takes a toll on everyone. When it comes down to divorce, most people would prefer to make a clean break, and a good prenuptial agreement can help facilitate this.
One of the essential things California couples need to know about prenuptial agreements is that they need to be appropriately timed to be accepted by the court. California law states that these agreements must be finalized at least seven days before the marriage is scheduled. Because these agreements typically involve a significant amount of back-and-forth communication between the couple, it is advised that they not try to hurry through them. Ideally, the process of crafting an effective and fair prenuptial agreement should begin shortly after the couple has solidified their marriage plans.
Step-by-Step: How to Get a Prenup in California
- Start Early – Begin drafting your prenup at least 3 months before your wedding.
- Hire Separate Attorneys – Each party should have independent legal counsel.
- List All Assets and Debts – Full financial disclosure is mandatory.
- Customize Your Terms – Decide what you want to protect (e.g., business, inheritance, future earnings).
- Allow Review Time – California requires a 7-day review period before signing.
- Sign and Notarize – Both parties must sign willingly with no coercion.
Legal Requirements for a Valid Prenuptial Agreement in California
California’s prenuptial agreements are governed by the Uniform Premarital Agreement Act (UPAA), embedded in the California Family Code S1600–1617. For validity:
- Must be in writing
- Must be signed voluntarily
- Must include full and fair disclosure
- Must allow at least 7 days for review
- Should not include unconscionable or illegal terms
- It should ideally involve separate legal counsel for each party
What Prenups Can Cover in California
- Property ownership (before and during marriage)
- Management of real estate or businesses
- Division of debt and liabilities
- Spousal support (alimony) clauses
- Estate rights and inheritance protection
- Crypto holdings and digital assets
- Student loans and educational debt responsibilities
Note: Child custody and child support cannot be determined by a prenuptial agreement.
How Prenups Interact With Estate Planning
Prenups are often used to support estate planning goals. For example:
- Protecting children from a prior marriage
- Ensuring separate property stays within the family
- Supporting terms of living trusts or wills
Consider consulting with an estate planning attorney if you own substantial assets or anticipate a future inheritance.
Real-World Legal Precedent in California
In Marriage of Bonds (2000), the California Supreme Court held that a prenuptial agreement signed under unequal legal representation can still be valid. However, recent reforms now strongly encourage independent legal counsel to ensure enforceability.
This case highlights the importance of having an attorney who specializes in California family law review your prenup.
Prenuptial Agreements vs. Postnuptial Agreements
- Prenuptial Agreement: Signed before marriage
- Postnuptial Agreement: Signed after marriage, often due to a change in financial status or reconciliation
- Both can be legally binding, but prenups are easier to enforce
FAQ: California Prenuptial Agreements
1. Can you protect crypto in a prenup?
Yes. You can define crypto wallets, NFTs, and other digital assets as separate property.
2. Are student loans split in divorce?
Not usually. But a prenup can specify student loans as separate debt.
3. Can I create a prenup without a lawyer?
You can, but it’s risky. Without legal review, it may be challenged and invalidated.
4. Will a prenup hurt my mortgage approval?
No. Lenders rarely consider prenups in approval processes.
5. Is a prenup valid if we move out of California?
It depends on the laws of the new state. Always check jurisdictional enforceability.
Protect Your Future With a Valid Prenuptial Agreement
A prenup isn’t just a legal formality—it’s peace of mind. Whether you’re entering marriage with wealth, debt, or future inheritances, a well-structured agreement ensures clarity and protection.
Contact MNB Law Group today at (818) 344-9200 or use our secure online contact form to schedule your prenup consultation.
We’ll help you:
- Understand your legal rights
- Draft a personalized agreement
- Ensure full compliance with California law
