Short Answer: California prenuptial agreements must follow strict legal rules to be valid and enforceable. Key things to know include the need for independent counsel, full financial disclosure, timing requirements, and limits on what a prenup can legally include—especially regarding spousal support and child matters.

Thinking About a Prenup? Here Are 10 Crucial Facts for California Couples

Whether you're entering marriage for the first time or combining lives after building your careers, a prenuptial agreement is a smart way to clarify financial expectations and protect your future. But in California, the law has specific requirements that every couple should understand before signing.

1. California Prenups Are Governed by the UPAA

Prenuptial agreements in California follow the Uniform Premarital Agreement Act (UPAA), which outlines what prenups can include and how they must be executed to be enforceable.

2. Both Parties Must Fully Disclose Their Finances

Each person must provide a full and honest disclosure of:

• Assets and debts

• Income

• Expected inheritances. Hiding information can invalidate the agreement.

3. Spousal Support Waivers Require Independent Attorneys

Under California Family Code §1615, any clause waiving or limiting spousal support is unenforceable unless both parties had independent legal counsel at the time of signing.

4. Each Party Should Have Their Own Lawyer

To ensure the prenup is fair and voluntary, each partner must have separate legal representation. One lawyer cannot ethically represent both parties due to a conflict of interest.

5. There's a Mandatory 7-Day Waiting Period

California requires a minimum 7-day period between the time the final agreement is presented and when it is signed. This ensures no one is rushed or coerced into agreeing.

6. Prenups Can Address Property and Debt Division

A valid prenup can:

• Identify which assets remain separate

• Determine how community property will be handled

• Allocate responsibility for debts (e.g., student loans, credit cards)

7. You Cannot Predetermine Child Custody or Support

Child custody and child support cannot be dictated in a prenup. California courts decide those issues based on the child’s best interests at the time of divorce or separation.

8. Prenups Can Protect Business Interests

If one or both spouses own a business, a prenup can:

• Keep the business as separate property

• Shield it from division or forced sale during divorce

• Prevent one spouse from acquiring a share of the other’s business growth

9. Prenups Can Support Estate Planning Goals

A prenup can work alongside your estate plan to:

• Protect inheritances

• Preserve family wealth

• Ensure children from prior marriages are provided for

10. Fairness and Voluntariness Are Key to Enforceability

If a prenup appears one-sided, coerced, or signed without proper understanding, it could be challenged and struck down. Courts look for:

• Fair terms

• Independent legal advice

• Clear documentation of consent

Bonus Tip: Update as Life Changes

While prenuptial agreements are signed before marriage, couples can revise their terms later through a postnuptial agreement if circumstances change—such as the birth of children, a major inheritance, or business success.

Let Moravec, Varga & Mooney Help You Get It Right

Our experienced California attorneys can help you draft or review a prenuptial agreement that:

• Meets all legal requirements

• Reflects your personal goals

• Supports a strong and respectful relationship

Contact us today to get started on a prenup that offers both protection and peace of mind.