California prenup requirements

The basics

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 it 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).

Your next steps

1. Write 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 10, 2026. General information; ask your attorney how the law applies to your agreement.