A prenuptial agreement, or prenup, is a legal contract between two individuals who plan to marry. It outlines how assets, debts, and financial matters will be handled in the event of a divorce or legal separation.
California follows the Uniform Premarital Agreement Act (UPAA), which establishes guidelines for legally binding prenuptial agreements. Under this law, a prenup can address:
While prenuptial agreements offer financial protection, they cannot determine child custody or child support, as those decisions are based on the child’s best interests at the time of divorce.
While some believe prenuptial agreements suggest distrust, they actually promote transparency and open discussions about financial expectations. A well-drafted prenup can:
If one spouse owns real estate, investments, or family inheritances, a prenuptial agreement can ensure these assets remain separate and are not subject to division in a divorce.
For business owners, a prenup prevents a spouse from claiming ownership over a business built before or during the marriage. It also ensures that partners, investors, or family members involved in the business are protected from financial disputes.
Marrying someone with significant debt can be a financial risk. A prenuptial agreement can clarify that one spouse is not responsible for the other’s pre-existing debts.
Divorce litigation can be time-consuming and expensive. A prenup reduces conflict by outlining financial matters in advance, making the process smoother if the marriage ends.
If one spouse plans to leave their career to support the family or raise children, a prenuptial agreement can establish financial protections and ensure they are fairly compensated in the event of a divorce.
(424) 600-2731California law has specific requirements to ensure that a prenuptial agreement is valid and enforceable. Under the California Family Code, a prenup must meet the following conditions:
Prenups that violate public policy, contain unconscionable terms, or fail to follow legal requirements may be challenged in court.
Prenuptial agreements are effective indefinitely unless they include a specific expiration date or sunset clause. Some couples choose to set time limits on certain provisions, such as spousal support waivers after a certain number of years.
If a couple remains married long-term, they may later choose to modify their prenup with a postnuptial agreement, which updates financial arrangements after marriage.
A prenuptial agreement is legally binding, but it can be challenged under certain circumstances. A court may invalidate a prenup if:
If you need to challenge or enforce a prenuptial agreement, our Los Angeles prenup attorneys can assess your case and protect your rights.
A prenuptial agreement is signed before marriage, while a postnuptial agreement is signed after marriage. Both documents serve a similar purpose—defining financial rights and responsibilities—but a postnup may be beneficial for couples who:
Both prenups and postnups must meet California legal standards to be enforceable.
Schedule a Consultation
Consultation & Financial Disclosure
We start by discussing your financial situation, goals, and concerns. Both partners must fully disclose their assets, debts, and income to create a transparent and enforceable agreement.
Drafting the Agreement
Our attorneys draft a customized prenup tailored to your needs. The agreement may address property division, spousal support, debt responsibility, and business interests.
Legal Review & Negotiation
Each spouse has the opportunity to review the agreement with independent legal counsel. If necessary, terms can be negotiated before finalizing the document.
Finalizing & Signing
The prenup is signed and notarized once both parties agree to the terms. After signing, the agreement is legally binding and takes effect upon marriage.
Yes. California law allows couples to create prenuptial agreements to outline financial rights and responsibilities, as long as the agreement meets legal requirements.
A prenup can protect separate property, business interests, inheritance rights, retirement funds, and debt liability. It helps prevent disputes over financial matters in the event of a divorce.
A properly drafted prenup that follows California’s legal requirements is enforceable in court. However, if an agreement is unfair, incomplete, or signed under duress, a judge may invalidate it.