A prenuptial agreement — commonly called a prenup — is a legal contract entered into before marriage that defines how assets and liabilities will be treated during the marriage and in the event of divorce or death. In California, prenuptial agreements are governed by the Uniform Premarital Agreement Act (Family Code § 1600 et seq.).
What a Prenup Is Not
A prenuptial agreement is not a plan for divorce. It is not an expression of distrust. It is not only for celebrities or the ultra-wealthy.
It is a legally binding document that brings clarity to financial expectations before they become contentious. For two people entering a marriage with existing assets, businesses, professional practices, or significant income potential, the absence of a prenup is itself a financial decision — one made by default rather than intention.
What California Law Says
California is a community property state. Under default rules, income earned during the marriage and property purchased with that income are presumed to be owned equally by both spouses. A prenuptial agreement can modify these defaults.
Specifically, a prenup can designate pre-marital assets as separate property, define how income earned during the marriage is treated, protect a business you founded before the marriage, clarify what happens to inheritance received during the marriage, and establish how property will be divided if the marriage ends.
What Makes a California Prenup Enforceable
Not all prenuptial agreements hold up in court. California Family Code § 1615 sets specific requirements: both parties must have independent legal counsel, there must be at least seven days between receiving the agreement and signing, both parties must make full financial disclosure, and the agreement cannot waive rights to public benefits or include unconscionable terms.
A prenup drafted without independent counsel for both parties is vulnerable to challenge. A prenup signed the night before the wedding is vulnerable to challenge. The goal is not just to have a document — it is to have a document that will be enforced when it matters.
When You Actually Need One
You need a prenuptial agreement attorney if you own a business before the marriage, hold equity in a company, have significant pre-marital savings or real estate, have children from a prior relationship whose inheritance rights you want to protect, or anticipate significantly higher income during the marriage.
