Common Mistakes to Avoid in a California Prenup
- Linda Varga
- Aug 6
- 2 min read
Short Answer: The most common mistakes in a California prenuptial agreement include a lack of full financial disclosure, rushing the process too close to the wedding, failing to use independent legal counsel, and including unenforceable terms like child custody or support. Avoiding these pitfalls is key to creating a valid, enforceable, and fair prenup.
Why Validity Matters in California
California law requires that prenuptial agreements meet strict procedural and substantive standards under the Uniform Premarital Agreement Act (UPAA). If those rules aren’t followed, the agreement may be declared invalid—leaving your assets and financial future at risk.
Top Mistakes to Avoid in Your Prenuptial Agreement
1. Failing to Disclose All Assets and Debts
Full and accurate financial disclosure is mandatory. If one party hides assets or fails to disclose debts, the agreement can be thrown out by the court.
✅ Tip: Provide each other with written and signed financial statements.
2. Not Having Independent Legal Counsel
Each party must have their own attorney to review the agreement. Without independent legal representation, the prenup may not be enforceable in California.
✅ Tip: Both attorneys should sign a certificate of independent legal counsel.
3. Signing Too Close to the Wedding
California requires a 7-day waiting period between when the final agreement is presented and when it’s signed. Signing the prenup too close to the wedding can make it look coerced or rushed.
✅ Tip: Finalize the prenup at least one month before your wedding.
4. Including Unenforceable Terms
Prenups cannot dictate:
Child custody or visitation
Child support amounts
Anything that violates public policy or California law
✅ Tip: Focus on spousal support, property division, and debt allocation—not parenting.
5. Unconscionable or One-Sided Terms
If the agreement is shockingly unfair or leaves one spouse destitute, it could be challenged and invalidated.
✅ Tip: Aim for fairness and balance—especially if one partner has significantly less wealth or income.
6. Not Updating the Prenup When Circumstances Change
Major life events like children, moving states, or business success may require an update or postnuptial agreement.
✅ Tip: Review your prenup every few years or after major life changes.
7. DIY or Internet Templates
Generic forms often fail to meet California’s strict legal standards and don’t reflect your personal circumstances.
✅ Tip: Work with a qualified California attorney to customize your agreement.
The Consequences of a Faulty Prenup
A poorly drafted or invalid prenup could result in:
Lengthy court battles
Loss of separate property protection
Default community property rules apply
Unexpected spousal support obligations
Work With Moravec, Varga & Mooney
We specialize in helping couples draft legally sound, enforceable prenuptial agreements tailored to their unique needs and California’s complex laws. Whether you’re marrying for the first time or entering into a blended family, we’ll help you avoid the common pitfalls.
Contact us today to start your prenup the right way—with clarity, care, and confidence.
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