Do I Need a Lawyer for a Valid Prenuptial Agreement in California?

Short Answer: Yes, in most cases, you and your partner should each have your own lawyer when creating a prenuptial agreement in California. While it’s legally possible to create a prenup without attorneys, California courts are far more likely to enforce an agreement when both parties have independent legal counsel and the prenup meets strict legal requirements under California’s Family Code.

Contact us

California Law and Prenuptial Agreements: What You Should Know

Prenuptial agreements in California are governed by the Uniform Premarital Agreement Act (UPAA) and California Family Code § 1610–1617. These laws are designed to ensure fairness and prevent coercion or hidden terms.

A prenup can cover:

• Division of property and debts

• Spousal support

• Business ownership

• Inheritance rights

But for it to be valid, certain procedural requirements must be met.

When Is Legal Counsel Required?

✅ Spousal Support Provisions Require Independent Counsel

Under Family Code § 1615(c)(2), any waiver or limitation of spousal support is not enforceable unless the party waiving support was represented by an attorney at the time of signing.

If you want your prenup to include any spousal support limitations or waivers, you must each have your own attorney.

Even When Not Legally Required—Here’s Why Lawyers Are Strongly Advised

1. Avoiding Future Disputes

Prenups drafted without legal help are far more likely to be:

• One-sided

• Poorly worded

• Vulnerable to court challenges

Having attorneys shows the agreement was entered into knowingly and voluntarily.

2. Ensuring Full Financial Disclosure

California requires that both parties fully disclose their:

• Assets

• Debts

• Income

• Future financial expectations

An attorney ensures this is done correctly—and documented clearly in case of future challenges.

3. Meeting the 7-Day Rule

California law requires at least seven calendar days between when the final agreement is presented and when it is signed. An attorney will make sure you comply with this and all other timing and procedural rules.

4. Clarity and Customization

Online templates are risky. A lawyer can draft provisions tailored to your:

• Business interests

• Estate planning goals

• Family or child considerations

• Prenup enforceability across state lines

What Happens If Only One Partner Has an Attorney?

This can raise red flags, especially if:

• The agreement includes spousal support waivers

• The other partner didn’t understand what they were signing

• There’s a significant financial imbalance

While not always fatal, it may result in the court setting aside parts—or all—of the agreement during divorce proceedings.

Can We Use the Same Lawyer?

It depends. In California, the probate code requires that each party should have separate legal counsel for a valid and enforceable prenup when spousal support is addressed in the prenup. One attorney cannot ethically represent both parties due to a clear conflict of interest when spousal support is negotiated. However, if the parties are not negotiating spousal support, then the probate code authorizes the same lawyer to represent both parties.

Let Moravec, Varga & Mooney Help You Draft a Valid California Prenup

Our attorneys provide thoughtful, strategic, and personalized prenuptial agreements that:

• Comply with California’s strict legal standards

• Protect your rights and property

• Foster trust between partners—not conflict

Contact us today to schedule a confidential consultation. We’ll help you create a prenup that’s clear, fair, and enforceable.