California couples use prenuptial agreements to take control of how property and finances are handled in case of divorce. Without one, default community property laws apply. A properly drafted prenup can save you stress, time, and money, especially if either partner enters the marriage with significant assets, debt, or business interests.
At the Bay Area Law Firm, we have helped San Francisco families develop rock solid legal avenues for all courses life may take. We never encourage divisive ideas, only legally sound planning and crucial considerations.
You might be asking… Should I get a prenup?
We already know that a prenuptial agreement is a written contract signed before marriage that outlines how assets, debts, and income will be handled if the relationship ends. In California, prenups follow the Uniform Premarital Agreement Act (UPAA), which allows couples to tailor financial rules to fit their needs.
Most couples use prenups to:
- Protect premarital property
- Set terms for spousal support
- Define separate and community property
- Preserve family businesses or inheritance rights
A well-written prenup brings clarity and structure to future financial decisions—before they become legal disputes. (1)
What Makes a Prenup Enforceable in California?
A California prenup won’t hold up in court unless it meets specific legal requirements. Every agreement must be:
- In writing
- Signed voluntarily by both parties
- Executed before the marriage
- Notarized for authenticity
Both parties must also provide full financial disclosures and have at least 7 days to review the final draft before signing. If the prenup includes any mention of spousal support, each party must have their own independent attorney.
Any attempt to pressure, rush, or conceal information can result in the agreement being thrown out.
What Should You Include in a California Prenuptial Agreement?
A prenup should clearly explain how financial matters will be handled before and during the marriage, and in the event of divorce. Typical terms include:
- Property classification (what’s separate vs. community)
- Responsibility for premarital and marital debts
- Spousal support terms or waivers
- Business ownership and management
- Division of retirement accounts and investments
- Rules for real estate or future gifts
- Estate planning arrangements
- Protections for children from prior relationships
While California allows wide flexibility, there are some hard lines. You can’t use a prenup to control child custody or support – that’s the court’s job.
What Should You Leave Out of Your Prenup?
Some terms can weaken your prenup or make it completely unenforceable. Avoid:
- Child custody or child support arrangements
- Clauses that encourage divorce or reward infidelity
- Lifestyle rules about personal appearance or behavior
- Terms that leave one spouse financially stranded
A prenup must be fair, balanced, and legally sound. If it feels one-sided or punitive, the court may reject it entirely.
Tips for Writing a Strong Prenup in California
Start early. Rushing the process creates legal problems. Each person should have time to think, ask questions, and get legal advice.
Work with attorneys who understand California family law. Your agreement needs to reflect not only your goals but also current statutes and enforceability standards.
Update the agreement if circumstances change. If you move states, have children, or your financial picture shifts significantly, a postnuptial agreement might be worth considering.
When Should You Talk to a Lawyer?
The earlier the better. A prenup requires careful language, thorough disclosure, and compliance with California laws.
An experienced family law attorney will guide you through the process, catch mistakes before they happen, and protect your interests—without causing unnecessary conflict.
Create a Solid Prenup in California with the Bay Area Law Group
If you’re considering a prenup, don’t wait until the last minute. Give yourselves time to discuss the terms and work with trusted legal counsel.
At Bay Area Law Group, we draft enforceable, custom-tailored prenuptial agreements for clients across San Francisco, Oakland, San Mateo, and surrounding counties.
We help protect your future while keeping the process respectful and fair. Ready to talk through your options? Reach out to schedule a consultation.
Reference:
(1) The California Prenup: A Marriage Plan, The Bar Association of San Francisco,
https://www.sfbar.org/blog/the-california-prenup-a-marriage-plan/
