Prenuptial agreements in California

Published by Prenup950 · Updated September 11, 2026.
Legal services by U2U Law Professional Corporation. Meet Nazli Usaklioglu, Esq. · California Bar #354792.

What is a prenuptial agreement?

A prenuptial agreement, also called a prenup or premarital agreement, is a contract made by two people before they marry. These terms describe the same type of agreement. A postnuptial agreement is made after marriage.

California prenuptial agreement requirements

A California prenup must be written and signed by both partners. It becomes effective when you marry. See Family Code § 1611 and Family Code § 1613.

Voluntary signing, financial disclosure, counsel or waiver requirements, and review time also matter. Unrepresented partners have additional protections. See Family Code § 1615.

What can a prenuptial agreement cover?

California law allows prenups to address property rights, management and disposition, certain estate arrangements and other lawful matters. Discuss your home, savings, business interests, debts and future purchases with your attorney. See Family Code § 1612.

What about support?

A prenup cannot adversely affect a child’s right to support. Spousal support provisions have special limits involving independent counsel and fairness at enforcement; counsel alone does not cure an otherwise unenforceable provision. See Family Code § 1612(b)–(c).

What happens without a prenup?

California’s default rules generally treat property acquired during marriage while domiciled in the state as community property. Property owned before marriage, gifts and inheritances are generally separate property. Mixed funds and contributions can complicate the analysis. See Family Code § 760 and Family Code § 770.

A prenup lets you discuss whether and how to change those default arrangements within legal limits. For example, you may want clarity about a down payment, business growth, rental income, retirement contributions or responsibility for a loan.

Who should consider one?

A prenup can be useful when either partner owns a home or business, has savings or debt, expects an inheritance, has children from an earlier relationship, or wants a shared understanding of finances. The starting point is your goals, not a particular level of wealth.

What if you are already married?

Ask about a postnuptial agreement. It is made during marriage and requires separate attention to spouses’ existing rights and duties. Compare a prenup with a postnup.

Plan your agreement, one question at a time.

• How much does a California prenup cost? Understand the $950 one-client package and costs outside its scope.
• Do you need separate lawyers? Learn about counsel, written waivers and special spousal support rules.
• How much time should you allow? Plan for disclosure, advice and the final signing interval.
• What financial records should you gather? Prepare accounts, property, income and debt information.
• Own a business or startup equity? Organize ownership records and discuss contributions, income and growth.
• Can a prenup waive alimony? Understand independent counsel and the limits on support provisions.
• Already married? Explore postnup services and the different duties between spouses.

Questions to discuss before drafting

• Which assets and debts does each person bring into the marriage?
• What should happen to earnings, business growth and retirement contributions during marriage?
• How will you handle a home purchase funded by unequal down payments?
• Does either person expect to pause work for caregiving?
• Are there support terms that require independent legal counsel?

There is no single answer that fits every couple. Bring your priorities to a California prenuptial agreement lawyer so the language addresses your actual plans.

Your next steps

1. Prepare for your consultation by writing down your goals and questions.
2. Gather your financial information.
3. Arrange legal advice and allow time for review and signing.

Call us to discuss your wedding date and the $950 attorney-drafting package.

Updated September 11, 2026. General information; ask your attorney how the law applies to your agreement.