What is a pre marriage contract?

A pre marriage contract — also called a prenuptial agreement, premarital agreement, or antenuptial agreement — is a written contract signed before marriage that specifies how assets, debts, and financial rights will be handled if the marriage ends in divorce or death. It is governed by Family Code §1600 et seq. in California.

Can a prenup prevent spousal support in California?

Yes. Under Family Code §1612(a)(7), a prenuptial agreement can waive or limit spousal support. However, if the waiver would leave the waiving spouse eligible for public assistance at the time of divorce, a court may decline to enforce it. The waiving party must also have had independent legal counsel.

What can a prenuptial agreement not do in California?

A prenuptial agreement cannot limit or waive a child's right to support — any such provision is unenforceable under Family Code §1612(b). Prenups also cannot include provisions that are unconscionable, promote divorce, or violate criminal law.

How long before a wedding should you sign a prenup?

California law requires at least 7 days between when the prenuptial agreement is presented and when it is signed. Practically, couples should begin the process at least 2-3 months before the wedding to allow adequate time for negotiation, legal review, and voluntary execution without time pressure.

Prenuptial Agreements in California — What You Need to Know

Q: How much does a prenuptial agreement cost in California?

A California prenuptial agreement typically costs $1,500-$3,000 for straightforward cases and $5,000-$15,000 or more for complex situations involving business interests, significant assets, or detailed spousal support provisions. Both parties should have independent counsel, which affects total cost.

A prenuptial agreement — sometimes called a premarital agreement or prenup — is a contract entered before marriage that specifies how assets, debts, and financial rights will be handled if the marriage ends in divorce or death. California law provides a comprehensive framework for these agreements under the Uniform Premarital Agreement Act, Family Code §1600 et seq. Understanding what a prenuptial agreement can accomplish, what it cannot do, and what makes one enforceable is essential before you sign one — or before you decide you need one.

A pre marriage contracts and pre marriage agreement are terms commonly used interchangeably with prenuptial agreement and premarital agreement.

What Can a Prenuptial Agreement Cover?

A pre marriage contract — also called a pre marriage agreement, premarital agreement, or antenuptial agreement — is one of the most powerful legal tools available to couples before marriage. Under Family Code §1612, California prenuptial agreements may address a wide range of financial matters, including:

Property rights — specifying which assets will remain separate property and which will become community property during the marriage
Spousal support — waiving or limiting alimony in the event of divorce
Property division — establishing how assets and debts will be divided if the marriage ends
Inheritance rights — modifying the surviving spouse's right to inherit under California law
Financial responsibilities during the marriage — who pays which bills, how joint accounts are managed, etc.
Business interests — protecting a business owned before marriage from becoming community property

What a Prenuptial Agreement Cannot Do

California law limits what prenuptial agreements may address. Under Family Code §1612(b), prenuptial agreements may not adversely affect a child's right to support. Any provision purporting to waive, limit, or reduce child support is unenforceable as against public policy. Courts will not honor a prenup clause that restricts future child support, regardless of what the parties agreed to before marriage.

Prenuptial agreements also cannot include provisions that are unconscionable at the time of enforcement, promote divorce, or violate criminal law. Personal matters — where the couple will live, how often they will visit family, personal conduct during the marriage — are generally not enforceable even if included in a prenuptial agreement.

Can a Prenup Prevent Alimony in California?

Yes — a properly drafted prenuptial agreement can waive or limit spousal support. Under Family Code §1612(a)(7), parties to a premarital agreement may modify or eliminate spousal support rights. However, there is a critical limitation: if the waiver of spousal support would cause the waiving spouse to be eligible for public assistance at the time of divorce, a court may refuse to enforce the waiver under Family Code §1612(c).

Additionally, a spousal support waiver in a prenup executed before January 1, 2002 is governed by the law that existed at the time of the agreement. For agreements executed after that date, the waiving party must have had independent legal counsel before signing, or the agreement must demonstrate a knowing, voluntary waiver. If the court finds the waiver was unconscionable at the time of enforcement, it may decline to enforce it even if it was valid when signed.

What Makes a California Prenuptial Agreement Enforceable?

Family Code §1615 specifies the requirements for an enforceable prenuptial agreement. The agreement must be in writing and signed by both parties. It is not enforceable if the party seeking to set it aside proves:

They did not execute the agreement voluntarily
The agreement was unconscionable when executed and they were not provided a fair and reasonable disclosure of the other party's property and financial obligations, did not voluntarily waive such disclosure, and did not have or could not have had adequate knowledge of the other party's property or obligations

For agreements executed after January 1, 2002, additional requirements apply under Family Code §1615(c). The agreement is deemed not to have been executed voluntarily unless: the party had at least seven days between the time it was presented and when they signed it; the party was represented by independent legal counsel or knowingly waived such representation in writing; and if unrepresented, the party was fully informed of the terms and their rights in plain English (or in a language the party understands).

How Much Does a Prenuptial Agreement Cost in California?

The cost of a prenuptial agreement in California varies based on the complexity of the parties' financial situations. A straightforward prenup for a couple with limited assets and no business interests may cost $1,500-$3,000 in attorney fees. A complex agreement involving significant assets, business ownership, prior marriages, children from prior relationships, or detailed spousal support provisions may cost $5,000-$15,000 or more — particularly when both parties retain separate counsel, as is recommended and often required for enforceability.

The cost of a well-drafted prenuptial agreement is almost always far less than the cost of litigating the issues it resolves in a future divorce proceeding.

Postnuptial Agreements in California

A postnuptial agreement — also called a marital agreement or transmutation agreement — is a written contract between spouses executed during the marriage. Under Family Code §721 and §1500, married spouses can modify the character of their property, waive rights to each other's estate, and address the same financial matters covered by a prenuptial agreement. California imposes a higher standard on postnuptial agreements than on prenuptial agreements because spouses owe each other fiduciary duties and the power dynamics of an established marriage differ from those of an engaged couple.

Postnuptial agreements must also be in writing, signed voluntarily, and based on full financial disclosure. Courts scrutinize them more carefully than prenuptial agreements and will set aside those that appear to be the product of coercion or undue influence.

Do Prenuptial Agreements Expire?

Prenuptial agreements do not automatically expire in California. A valid premarital agreement remains in force for the duration of the marriage unless it is amended or revoked by a subsequent written agreement signed by both parties. The terms of a prenuptial agreement addressing property rights or spousal support become relevant only at divorce or death — they have no expiration and do not become less valid with the passage of time.

However, a prenuptial agreement that waives spousal support may be evaluated for unconscionability at the time of enforcement, not just at the time of execution. Changed circumstances — a spouse who signed away support rights when both parties earned roughly equal incomes but who now faces divorce after twenty years as a stay-at-home parent — may be grounds for a court to decline to enforce the waiver.

Serving Orange County and Riverside County Clients

Furubotten Law, APC drafts and reviews prenuptial and postnuptial agreements for clients throughout our service area. A prenuptial agreement is one of the most consequential financial documents you will sign — it deserves the attention of an experienced California family law attorney. Call (714) 795-3862 to schedule a consultation. We serve Orange County, Temecula, Murrieta, and surrounding communities.