A prenup is a legal agreement made before marriage that outlines how assets, debts, and other financial matters will be handled if the marriage ends. Having a prenuptial agreement one of the smartest ways to avoid future stress and misunderstandings. In this blog, we’ll explain the risks of not having a prenup, why timing matters, and how to start the process, especially if you live in California.

Who Should Get a Prenup?

A prenup is a marital agreement that both people sign before getting marriage. It explains what will happen to property, income, and debts if the marriage ends in divorce or death.

You don’t have to be rich to need a prenup. It’s a useful tool for many couples, especially if:

  • One or both of you owns property, a business, or has investments
  • There’s a big difference in income
  • You or your partner have student loans or other debts
  • You have children from a previous relationship
  • One of you expects to receive an inheritance

A prenup can help protect what matters to you and make financial plans more clear.

Risks of Not Having a Prenup

California is a community property state. That means any money or assets you earn during the marriage are considered shared, and in a divorce, they can be split 50/50—even if only one of you earned the income.

Without a prenup, a judge will decide how to divide your property and debts. This can be stressful, time-consuming, and expensive. For example:

  • You could lose control over a business you built before marriage
  • Inheritances or family property might not stay in your family
  • One partner may end up paying more in spousal support than expected

A prenup helps avoid these problems. It sets clear rules ahead of time and keeps both people on the same page.

When Is the Right Time to Get a Prenup?

The best time to start talking about a prenup is well before the wedding—ideally, three to six months in advance. Here’s why:

  • Time to think it through: You’ll want time to talk, negotiate, and make sure you both agree.
  • Legal protection: California law requires at least 7 days between when one person gets the final agreement and when they sign it.
  • Avoid pressure: If the prenup is signed too close to the wedding date, one person might claim they were pressured into signing, which could make the agreement invalid.

Waiting until the last minute is one of the most common mistakes. Starting early shows that you’re serious and respectful of each other’s concerns.

Will Bringing a Prenup Hurt Your Relationship?

It depends on how you approach it. A prenup can actually improve your relationship by encouraging open and honest conversations about money and future goals. If framed as a mutual planning tool—not a prediction of divorce—it often leads to stronger communication and trust. Timing and tone are key. The earlier and more respectfully the topic is introduced, the better.

Sample Prenuptial Agreement Timeline

To avoid legal issues or last-minute stress, it’s best to start the prenup process at least six months before the wedding. Here’s a breakdown of how it might look:

  • 6–12 months before the wedding: Start the conversation with your partner. Talk honestly about financial goals and why a prenup makes sense. Each partner should hire their own attorney.
  • 3–4 months before: Begin full financial disclosure. Both partners must share details about income, assets, and debts. Your attorneys will begin drafting the agreement. You’ll have time to review and make changes.
  • 1–2 months before: Finalize the agreement and securely store a copy in a safe place.

How to Start the Prenup Process

Getting a prenup doesn’t have to be complicated or scary. Here’s how to begin:

1. Talk openly with your partner

Start by having an honest conversation. Focus on why you want a prenup and how it can help both of you.

2. Hire separate lawyers

Each person should have their own lawyer to make sure their interests are protected. In California, this is required if spousal support is being limited or waived.

3. Share your finances

Both people must fully disclose their assets, debts, and income. This helps keep the agreement fair and enforceable.

4. Draft the agreement

Your attorneys will help put everything in writing. This can include:

5. Review and sign

Take time to read the final version carefully. Don’t sign under pressure. Make sure everything is clear and fair.

6. Sign early

Sign the agreement well before the wedding day to avoid any legal challenges.

A good prenup isn’t about “winning” or “losing”—it’s about making a plan together.

Can a prenup be changed or canceled after marriage?

Yes. After marriage, a prenup can be changed through a new agreement called a postnuptial agreement, or it can be canceled entirely if both spouses agree in writing. Just like with a prenup, both parties must sign voluntarily, and the updated document must meet legal standards to be enforceable.

Plan for Peace of Mind in Your Marriage with Atighechi Law Group

A prenuptial agreement can feel like a tough subject, but it’s really about protecting your future. It helps you enter marriage with honesty, trust, and clarity.

By starting early and working with a qualified family law attorney, you can create an agreement that’s fair and respectful. You’ll avoid stress later and gain peace of mind today.

If you’re getting married in California and think a prenup might be right for you, don’t wait. Contact our Los Angeles family law office for a confidential consultation. We’re here to help guide you through every step of the process.

(424) 600-2731

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California Prenup