A prenuptial agreement California law governs under the Uniform Premarital Agreement Act, codified at Family Code section 721 et seq. A premarital agreement California couples enter before marriage can alter or eliminate community property rights, determine spousal support amounts or waivers, protect separate property assets, and address many other financial matters that would otherwise be governed by California's default community property rules. Understanding what makes a prenup enforceable, what it can and cannot include, and how to get a prenup in California helps couples who want certainty about their financial rights before they marry.
California Prenuptial Agreement Requirements
Prenuptial agreement requirements California courts enforce include: the agreement must be in writing and signed by both parties; both parties must have at least seven calendar days between first being presented with the final agreement and signing it; both parties should have independent legal counsel (and if a party waives counsel, the waiver must be in a specific writing); the agreement must not be the product of fraud, duress, or undue influence; and there must be full financial disclosure between the parties before signing.
Are prenuptial agreements enforceable California courts find? Yes — when these requirements are met. California courts have become increasingly willing to enforce premarital agreements that are properly executed. The primary grounds for challenging a prenup are: lack of disclosure; insufficient time to review; absence of independent counsel without proper waiver; or provisions that are unconscionable at the time of enforcement.
What a Prenup Can and Cannot Include
A prenup California agreement can include: designation of specific property as separate rather than community; waiver or limitation of spousal support rights (with important caveats — a support waiver may not be enforced if it causes the waiving spouse to become dependent on public assistance); protection of pre-marital assets and future inheritances; specification of how property will be divided if the marriage ends in divorce; and agreements about how debts will be allocated.
What a prenuptial agreement California cannot include: provisions affecting child custody or child support (these are governed by the child's best interests at the time of divorce, not by pre-marital agreement); illegal provisions; and provisions that incentivize divorce. A prenup attorney California clients hire should know these limits and draft around them carefully.
Postnuptial Agreement California
A postnuptial agreement California is created after the marriage has already occurred. Postnuptial agreements are subject to a higher level of scrutiny than prenuptial agreements because the parties are already in a confidential relationship with fiduciary duties to each other. California courts apply heightened scrutiny to postnuptial agreements — particularly those that significantly disadvantage one spouse — to ensure they were entered voluntarily and with full disclosure.
Furubotten Law, APC drafts and reviews prenuptial and postnuptial agreements throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary consultation.