Prenuptial Agreement Attorneys in San Francisco | Bay Area Law Group
What Is a Prenuptial Agreement in California?
A prenuptial agreement, also called a premarital agreement, is a legal contract signed before marriage that lays out how assets, debts, spousal support, and financial matters will be handled if the marriage ends.
In California, prenups are governed by the Uniform Premarital Agreement Act and Family Code Section 1610–1617. The law allows future spouses to define their own financial terms as long as the agreement is fair, transparent, and properly executed.
People use prenuptial agreements to prevent uncertainty, not to predict divorce. They provide structure for property ownership, support terms, and financial expectations so both parties understand their rights from the start.
Summary of California Prenuptial Agreement Essentials
| Prenup Component | Legal Insight |
|---|---|
| Definition | A legal contract signed before marriage that outlines financial terms. |
| Purpose | To clarify asset ownership, protect income, and define support obligations. |
| What It Covers | Property classification, business ownership, debt protection, spousal support, inheritance, and estate plan alignment. |
| What It Cannot Cover | Child custody and child support decisions. |
| Who It Benefits | Anyone getting married, especially business owners, high income earners, parents with prior children, debt holders, individuals expecting inheritance, couples with significant assets. |
| Enforceability Requirements | Full financial disclosure, 7-day review period, separate counsel, fair terms, legal formalities, compliance with Family Code Section 1615. |
| Process Overview | Consultation → Retain our Services →Financial Disclosures → Negotiation → Drafting → Review → Execution. |
| Attorney Role | Provide guidance, draft legally sound terms, and avoid future disputes. |
What Can a Prenup Cover?
A California prenuptial agreement can include:
- Who owns what before and during the marriage
- How community and separate property are defined
- Who controls business assets, income, and profits and whether or not those will be considered community property or one spouse’s separate property
- Protection from each other’s debts
- Rules around future inheritances or gifts
- Whether spousal support will be paid, and under what conditions
- Integration with estate plans, wills, and trusts
A prenup cannot control child custody or child support. Those decisions always depend on the best interest of the child and must follow California law.
Who Should Consider a Prenuptial Agreement?
You don’t need to be wealthy to benefit from a prenup. It’s about having a clear plan and understanding what your rights and obligations are from the start. A prenuptial agreement makes sense if you:
- Own a business or plan to start one
- Have savings, property, or investments before marriage
- Expect a large inheritance
- Have children from a previous relationship
- Carry personal debt like student loans or credit cards
- Earn significantly more than your partner
- Want to avoid disputes over finances in the future
A premarital agreement in California protects what you’ve built and helps prevent drawn-out legal battles later.
What Makes a California Prenup Enforceable?
For a prenuptial agreement to hold up in court, California law requires:
- Full financial disclosure from both parties
- A minimum 7-day period to review before signing
- Separate legal counsel for each party (or a signed waiver)
- Fair and reasonable terms that are not one-sided
- Proper execution with signatures and written format
- Compliance with California Family Code Section 1615
We handle the legal drafting and structure everything to maximize enforceability. Prenups can be challenged later if they appears rushed, incomplete, or unfair. We make sure the process is transparent and fair so that your prenup stands the test of time if it comes down to benign challenges in court.
What Makes a California Prenup Enforceable?
Not every prenuptial agreement will stand up in court. California law has strict rules around how prenups are written, reviewed, and signed. A court may throw out an agreement if it looks one-sided or was signed under pressure.
To make a prenup enforceable, both parties must share full financial information. Each person also needs time to review the agreement. California requires a minimum of seven days between when it’s presented and when it’s signed. Separate legal counsel is strongly recommended. The terms must be fair, the process transparent, and the agreement must follow the rules laid out in California Family Code Section 1615.
We draft prenuptial agreements built to withstand challenge, with every detail handled the right way.
Postnuptial Agreements and Other Alternatives
Not everyone gets their agreement in place before marriage. That’s where a postnuptial agreement comes in. It works like a prenup, but it’s signed after the wedding. Some couples use it to protect new business ventures, restructure property ownership, or update terms after major life changes.
Unmarried couples can create a cohabitation agreement to protect shared property or manage joint expenses. Others may want to adjust asset ownership mid-marriage using a marital property agreement. For registered domestic partners, a domestic partnership agreement can provide financial clarity and legal protection.
We work with clients to decide which agreement fits the situation, and draft it in a way that avoids future disputes.
The Prenuptial Agreement Process
The process starts with a focused conversation and ends with a fully signed agreement. Each step has legal weight.
Consultation
We talk through your goals, concerns, and what matters most to you.
Disclosure
Both sides exchange a full picture of their financial situation.
Negotiation
We shape the agreement through honest, strategic discussion.
Drafting
Our team puts the terms in writing with precision.
Review
Each party has a chance to review the draft with their own lawyer.
Execution
Both sign the final version with proper legal formalities.
Why Work With Bay Area Law Group?
Clients choose us because we speak plainly, think ahead, and get things right the first time. We don’t hand off your case to staff. You’ll work directly with an attorney who knows the law and respects your goals.
We’ve drafted agreements for clients with family trusts, business equity, and long-term financial plans. We guide conversations with clarity and professionalism, especially when the topics are difficult.
Our team knows the rules and court expectations across San Francisco and nearby areas:
- San Francisco
- Oakland (Alameda County)
- San Jose (Santa Clara County)
- Berkeley (Alameda County)
- Walnut Creek (Contra Costa County)
- Redwood City (San Mateo County)
- Daly City (San Mateo County)
- Fremont (Alameda County)
California Premarital Agreement FAQs
The best choice is a family law attorney experienced in premarital agreements and divorce. An attorney who understands both asset protection and how courts handle divorce can anticipate future issues and draft an agreement that’s more likely to hold up. Our office combines experience in both premarital planning and divorce litigation, giving you protection now and peace of mind for the future.
Technically, no, but courts are more likely to enforce an agreement when both parties have legal representation. Without attorneys, there’s a higher risk that the strict requirements for premarital agreements aren’t fully met, making the agreement vulnerable to challenge or rejection later.
Signing too quickly can put your prenup at risk. California law requires that each person has at least seven days to review the agreement before signing. If that timeline isn’t respected, a court may later declare the agreement is unenforceable.
Schedule a Confidential Consultation for Your Premarital Agreement in San Francisco
We make it easy to get started. Schedule a consultation with one of our family law attorneys and get answers based on your specific situation.
Call us or use our online form to book a time that works for you.
215 West Portal Avenue, San Francisco, CA 94127
(513) 652-6848
