You’re not alone if you’re thinking about a prenup! In fact, prenuptial agreements are becoming increasingly common, with nearly 40% of younger couples now considering them before marriage. What was once seen as only for celebrities and the ultra-wealthy has become a practical legal tool for couples from all walks of life.
But here’s the big question: If you ever need to use it, will your prenup actually work? California has specific rules that your agreement must follow to be enforceable. This guide breaks down everything you need to know in plain English, without the legal jargon.
Think of a prenuptial agreement as a financial roadmap you and your partner create before you start your life journey together. It spells out how you’ll handle money and property during your marriage and what happens to those assets if you divorce or one of you passes away.
In California, prenups follow rules set by the Uniform Premarital Agreement Act. This law makes prenups more reliable when they’re done correctly.
People choose to get prenuptial agreements for many practical reasons:
A prenup is different from a postnuptial agreement, which is created after you’re already married. Learn more about postnuptial agreements in our related article. Courts typically look at prenups more carefully to make sure neither person was pressured into signing right before the wedding.
Before diving deeper, let’s clear up some misconceptions:
Myth: “Prenups are only for wealthy people.” Reality: Prenups benefit couples at all income levels, protecting retirement accounts, helping manage student debt, and clarifying financial responsibilities.
Myth: “Asking for a prenup means you’re planning for divorce.” Reality: It’s actually smart planning – like insurance you hope never to use. Many couples find that honest financial discussions strengthen their relationship.
Myth: “Prenups are always upheld in court.” Reality: Only properly created prenups that follow California’s strict requirements will be enforced – which is why this article is so important!
Myth: “Prenups create distrust in a relationship.” Reality: Most couples report that the process of creating a prenup improved communication and created clarity about shared financial values.
Your prenup can cover a wide range of financial matters:
You can clearly define what happens to your home, cars, investments, retirement accounts, and personal belongings. For example, you might agree that the house you owned before marriage remains yours, even if its value increases during the marriage.
Many couples use their prenup to:
You can spell out who’s responsible for debts brought into the marriage and those acquired during marriage. This might mean agreeing that if your spouse runs up credit card debt, you won’t be on the hook for paying it off.
This protection is especially valuable for:
Your prenup can establish how you’ll handle household expenses, savings, and investments. For instance, you might agree to contribute proportionally to your incomes for shared expenses while maintaining separate accounts for personal spending.
This section can address:
You can set limits on spousal support or waive it entirely, though courts may review these provisions carefully. For example, you might agree that neither person will receive alimony if the marriage lasts less than five years.
Effective support provisions often:
You can address what happens to your assets when you die, ensuring certain items go to your children or other family members rather than your spouse.
This can work with your broader estate plan to:
Have questions about what to include in your prenup? Contact us for a consultation
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California law has clear boundaries about what doesn’t belong in a prenup:
You cannot decide child custody or child support in advance. The court will always make these decisions based on what’s best for the children at the time of divorce, regardless of what your prenup says.
For example: You can’t include a clause stating “If we divorce, Kim will have full custody of our future children” or “John will only pay $500 per month in child support.”
Your prenup can’t try to control non-financial aspects of your marriage, like how often you’ll have date nights, who does which chores, or requirements about appearance or weight.
For example: A clause stating “If Sarah gains more than 20 pounds, she forfeits her right to property division” would be thrown out by the court.
Courts won’t enforce clauses that seem to incentivize ending the marriage.
For example: “If Justin initiates divorce, Maria receives 75% of all assets” might be seen as creating a financial incentive for Justin to stay in an unhappy marriage.
If the agreement is wildly one-sided, leaving one spouse with almost nothing while the other keeps everything, courts may reject it as “unconscionable.”
For example: A prenup giving a wealthy spouse everything while leaving the other spouse destitute after a 20-year marriage would likely be questioned by the court.
For your prenup to stand up in court, it must meet these essential requirements:
No pressure, threats, or ultimatums allowed. If you present the agreement a week before the wedding saying “Sign this or the wedding is off,” a court might later find your spouse didn’t sign voluntarily.
Real-world example: In one California case, a prenup was thrown out because the bride was presented with it just days before the wedding when family had already flown in from around the world, creating enormous pressure to sign.
California requires at least seven days between when your partner first sees the final prenup and when they sign it. This “cooling off” period ensures they have time to think it over and consult an attorney.
Real-world example: Even if your partner says, “I don’t need time to think about it, I’ll sign right now,” the agreement won’t be valid unless that seven-day waiting period is honored.
Both of you must fully reveal your assets, debts, income, and financial obligations. Hiding that rental property or investment account can invalidate your entire prenup.
Real-world example: If you “forget” to mention your cryptocurrency holdings worth $100,000 and your spouse later discovers them, your entire prenup could be thrown out.
While not absolutely required, having separate attorneys is the gold standard. If one person doesn’t have an attorney, they must sign an additional waiver acknowledging they understand what rights they’re giving up.
Real-world example: Without independent counsel, the burden of proof shifts dramatically in court. You’d need to prove the agreement was fair and that your spouse fully understood what they were signing – a much higher hurdle.
The agreement can’t be so one-sided that it’s “unconscionable” (legal speak for “shockingly unfair”). Courts look at the relative bargaining power between you and your partner.
Get Clarity on Your Rights
Real-world example: A prenup where a wealthy business owner with multiple assets protects their business while still providing for equitable division of marital property will likely be upheld. However, a prenup where that same person takes everything and leaves their spouse of many years with nothing would likely be invalidated.
Download our California Prenuptial Agreement Checklist
To create a prenup that will actually work when you need it, follow this timeline:
Not sure if you’re on track? Schedule a prenup consultation with our attorneys
Even carefully prepared prenups can be challenged. The most common successful challenges include:
Real-world example: A California court invalidated a prenup because it was presented to the bride just four days before the wedding, violating the seven-day rule, even though both parties had attorneys.
Real-world example: In one case, a prenup was thrown out because the husband-to-be misrepresented his wealth, claiming his business was struggling when it was actually thriving.
Real-world example: Courts have rejected prenups with spousal support waivers that would have left long-term spouses in poverty while the other spouse maintained a luxurious lifestyle.
Not comfortable with a formal prenup? Consider these alternatives:
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Life changes, and sometimes your prenup needs to change too. You can:
Real-world example: Some couples include clauses that increase spousal support rights the longer the marriage lasts, or that certain separate property becomes shared after 10 years of marriage.
While DIY prenups exist, they’re rarely enforceable in California. Here’s what to expect when working with a professional:
Attorney fees typically range from $2,000 to $5,000 per person for a straightforward prenup, more if you have complex assets or businesses.
Schedule a free initial consultation with our prenuptial agreement attorneys
A well-crafted prenup isn’t about planning for divorce—it’s about creating financial clarity and protection for both of you. Having these discussions before marriage often strengthens relationships by addressing concerns openly and establishing shared financial understanding.
When done right, your California prenup provides a clear roadmap for your financial future together, regardless of what life brings your way. The investment in proper legal guidance ensures that if you ever need to rely on your prenup, it will stand up in court and protect what matters most to both of you.
How much will a prenup cost me in California? Most couples spend between $4,000-$10,000 total ($2,000-$5,000 per person) for a properly prepared prenup. Complex situations involving businesses or significant assets may cost more.
Can we change our minds later? Yes! You can modify or cancel your prenup at any time if you both agree in writing, following the same legal formalities as the original.
Does a prenup mean we don’t trust each other? Not at all. Think of it as insurance—you buy car insurance hoping never to use it, but you’re glad to have it if needed. A prenup is financial insurance for your marriage.
Can we write our own prenup to save money? While technically possible, DIY prenups almost always fail in court. California’s requirements are strict, and the money saved upfront could cost you everything if the agreement is invalidated when you need it.
How long does it take to create a prenup? Plan for 1-3 months from start to finish. Rushing the process increases the risk that your prenup will be declared invalid.
Can a prenup protect my business? Absolutely. This is one of the most common reasons entrepreneurs get prenups. A properly drafted agreement can keep your business intact and operating smoothly regardless of what happens in your personal life.
Need help creating a California prenuptial agreement that will actually stand up in court? At Family Law Matters, our experienced prenup attorneys can guide you through the process with sensitivity and expertise.
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