A prenup in California, formally a premarital agreement, is governed by the Uniform Premarital Agreement Act in Family Code sections 1600 and following. It lets couples decide in advance how property and certain obligations will be handled if the marriage ends.
A prenup can cover a lot. It can define what’s separate and community property, set rules for a business or real estate, decide how earnings and retirement contributions will be treated, and address what happens to property at death. It can also address spousal support, with limits.
Some things are off limits. A prenup can’t set child support or custody, because those decisions belong to the court and are based on the child’s best interests at the time. Terms that encourage divorce or violate public policy aren’t enforceable.
California adds strict procedural rules. The party against whom the agreement is enforced must have had at least seven calendar days between first receiving the final agreement and signing it. A spousal support waiver or limit is enforceable only if that party had independent counsel, and it can be refused if it’s unconscionable at the time of enforcement. Full and fair financial disclosure is also important. A prenup signed without disclosure or under pressure is open to challenge.
Timing helps. Starting the conversation months before the wedding gives each partner time for counsel and disclosure.
Law & Mediation Offices of Dan DeSario & Associates, a Los Angeles family law firm since 1982, notes that prenups also reduce conflict. Couples who settle the hard questions early often find the discussion strengthens communication.
*This article is general information about California family law and is not legal advice. Every case is different.*
