Prenuptial Agreement Attorney
Delina Yasmeh drafts prenuptial agreements that hold under enforcement for California couples with business interests, equity, intellectual property, or family wealth to keep separate.
Get Started →Most people misunderstand what a prenuptial agreement is.
A prenuptial agreement is not a plan for divorce. It is the document that overrides California's community property defaults. Without a valid agreement, almost everything earned during the marriage by either spouse becomes community property regardless of who earned it, and almost everything purchased with that income belongs equally to both spouses on dissolution. The prenup is what lets each spouse keep what they came into the marriage with, and what they build on the separate-property side, separate.
For someone who owns a business, holds startup equity, earns income from intellectual property, or expects family wealth, the absence of a prenup is a financial decision, one made by inaction rather than intention. The appreciation of a separate-property business during the marriage attributable to community labor is reallocated to the community by default. The prenup is the way to opt out of that default with explicit characterization the couple chooses.
California's controlling premarital-agreement framework sets specific requirements for enforceability: independent counsel, at least seven calendar days between receiving the final agreement and signing, and full and accurate disclosure of each party's assets, income, and debts. A prenup that skips any of these steps is vulnerable to challenge years later. Delina structures every agreement to meet that standard before either party signs, and where a couple comes in within four weeks of the wedding, she advises honestly on whether the timeline supports a meaningful agreement.
Already married and need similar protections? California also recognizes postnuptial agreements, though the courts apply a heightened-duty standard once spouses are in a marital fiduciary relationship. The strategy is the same. The record has to be cleaner.
What Delina's agreements actually cover.
Business & Equity Appreciation
Without an agreement, the appreciation of a separate-property business during the marriage attributable to community labor is reallocated to the community under California’s characterization framework, where the business return is treated as compensation for services. Delina drafts explicit characterization the couple chooses, so a founder’s company appreciation and startup equity stay on the separate-property side.
The Seven-Day Rule
The controlling California premarital-agreement framework requires at least seven calendar days between the date the final agreement is presented and the date of signing. An agreement signed inside that window is presumed unenforceable as to spousal support and faces heightened challenge on voluntariness. Delina calendars every engagement backwards from the wedding date to satisfy it.
Community Property Reframe
California is a community property state. Without a valid agreement, almost everything earned during the marriage by either spouse becomes community property regardless of who earned it, and almost everything bought with that income belongs equally to both spouses on dissolution. A prenuptial agreement is the document that overrides those defaults.
Intellectual Property & Right of Publicity
For a creator whose IP and brand generate income post-marriage, the right of publicity and the brand built during the marriage are otherwise subject to community-property characterization where community labor produces them. Delina addresses IP characterization, the post-mortem right of publicity, and the licensing framework that applies if the marriage ends.
Family Wealth & Inheritance
Assets inherited or received as gifts during marriage can lose their separate character through commingling. A trust or family-entity structure may already address ownership, but the prenup is what protects the appreciation and the earnings those inherited assets generate during the marriage. Delina drafts the specific characterization that keeps them separate.
Enforceability First
A prenup that does not hold up is just paper. Every agreement Delina drafts is built on the full California standard: independent counsel for each party, full and accurate disclosure of assets, income, and debts, the seven-day window, voluntary execution, and substantive terms that are not unconscionable. The record is built to survive a challenge years later.
What most people want to know.
What type of lawyer is best for a prenuptial agreement?
A family law attorney with experience drafting enforceable agreements for high-asset clients. The attorney must understand both California’s community property rules and your specific financial structure, particularly if you own a business, hold equity, or earn income from multiple sources. The agreement that protects business appreciation, startup equity, or intellectual property requires explicit characterization that a generic template omits entirely.
Can one attorney represent both parties in a prenuptial agreement?
No. California strongly favors independent legal counsel for each party, and where the prenup waives spousal support, the waiving spouse must be represented by separate counsel. Delina represents one spouse in each engagement and coordinates with independent counsel for the other. Using one attorney for both parties invites a challenge to the agreement on enforcement, which is when it matters most.
When should I start the prenuptial agreement process before my wedding?
Eight to twelve weeks before the wedding. Most prenups are signed in the week before the ceremony, and most are still technically enforceable, but the records around them are weaker because the timeline is rushed, the disclosures are incomplete, and the duress arguments that surface on enforcement become harder to defeat. Delina calendars the engagement backwards from the wedding date to satisfy the seven-day window and produce the procedural record that supports enforcement.
How much does a prenuptial agreement cost in California?
Prenuptial agreement fees scope to the matter. A standard prenup for a couple with moderate separate assets and a clean characterization scheme runs in the high four to low five figures. A complex prenup involving business interests, startup equity, expected family wealth, intellectual property, or multi-state assets runs in the mid-five figures. The fee covers drafting, the financial disclosure schedules, two rounds of negotiation with the other spouse’s counsel, and the signing meeting. Each engagement is committed in writing before drafting begins.
Where the prenup connects to the rest of the structure.
Postnuptial Agreement Lawyer
Already married? California recognizes postnuptial agreements under the same framework, with a heightened-duty standard that requires an even cleaner record.
Read →LLC Attorney
The operating agreement spousal-consent provisions that keep a membership interest from converting to community property, aligned with the prenup characterization.
Read →Further reading on prenuptial agreements.
How do you determine if you need a prenup?
Do I need a prenup? If you have assets, income, or a business, the answer is probably yes. Here's how to know for certain — and what to do next.
How soon before marriage do you need a prenup?
What is the 7 day rule for prenups in California?
What is the downside of a prenup?
What are five things that cannot be included in a prenuptial agreement?
What happens if I don't do a prenup?
What Makes a Prenup Invalid in California?
Ready to protect what you're building toward?
A prenuptial agreement is a one-time decision that removes an entire category of financial risk, calibrated to your business interests, equity, intellectual property, and family wealth. Tell us your situation and your wedding date, and we will calendar the engagement backwards to the record that supports enforcement.
Get Started →