Author: Nicole Duncan

Prenuptial agreements, or prenups, are becoming increasingly common in California. These legal contracts allow couples to define their financial rights and responsibilities before marriage.

To get a prenup in California, both parties must voluntarily agree to the terms and fully disclose their assets and debts in this legal document.

California law requires prenups to be fair, reasonable, and in line with public policy to be valid. Importantly, prenups cannot include terms about child custody or support.

It’s highly recommended that both parties hire a separate prenuptial agreements lawyer when creating their prenups. Each should have their own attorney to protect their interests and ensure the agreement is valid and enforceable.

What is a Prenuptial Agreement?

A prenuptial agreement is a written contract that outlines how assets, debts, and financial responsibilities will be handled during the marriage and in the event of a divorce or separation. While often associated with protecting wealth, prenups are beneficial for any couple seeking clarity and fairness in their financial arrangements.

In California, prenuptial agreements are governed by the Uniform Premarital Agreement Act (UPAA), which ensures that these agreements are enforceable and comply with state laws.

How to Get a Prenup in California

1. Decide if you need a prenup: Consider your financial situation, assets, and future plans.
2. Each party should hire a separate prenuptial agreement attorney licensed to practice law in California.
3. Fully disclose all assets, debts, and financial information.
4. Negotiate and discuss the terms of the agreement, including property division, spousal support, and inheritance rights.
5. Draft the agreement: Your attorney will create a formal document outlining the agreed-upon terms.
6. Review and revise the draft: both parties should carefully read the agreement and request any necessary changes.
7. Ensure the agreement meets California’s legal requirements:
   • It must be in writing
   • Both parties must sign voluntarily
   • The terms must be fair and reasonable
   • It must comply with California law
8. Sign the agreement at least 7 days after it’s presented to both parties.
9. Wait until the wedding. The agreement should be signed well before the marriage date to avoid claims of coercion.
10. Consider notarizing the agreement, although it’s not mandatory in California.
11. Keep copies of the signed agreement in a safe place.
12. Review and update the prenup as needed, especially after major life changes like having children or acquiring significant assets..

Remember that prenups in California cannot include terms about child custody or support. It’s crucial to start this process well in advance of your wedding date to avoid any potential issues with validity.