What to Discuss Before Creating a Prenup?
- Linda Varga
- Aug 5
- 2 min read
Short Answer: Before creating a prenuptial agreement (prenup), couples should have an open conversation about finances, debts, property ownership, inheritance plans, and expectations for spousal support. Discussing these topics early helps ensure that both partners enter the marriage with clarity and mutual understanding.
Why Talk About a Prenup?
A prenuptial agreement isn’t about planning for divorce—it’s about protecting both partners’ financial futures and avoiding misunderstandings.
A prenup:
Outlines how property and debts will be handled if the marriage ends
Protects separate property brought into the marriage
Clarifies expectations for spousal support or waivers
Helps avoid costly disputes later
Key Topics to Discuss Before Creating a Prenup
1. Full Financial Disclosure
Both partners must be completely transparent about:
Current assets (bank accounts, real estate, investments)
Debts (student loans, credit cards, mortgages)
Income and future earning potential
Business interests or ownership stakes
Why it matters: A prenup can be invalidated if one party hides assets or fails to disclose financial information.
2. Separate vs. Community Property
In California, property acquired during marriage is considered community property. Discuss:
What each of you wants to keep as separate property
How will you handle income, real estate, and other assets acquired after marriage
Whether gifts or inheritances will remain separate
3. Spousal Support Expectations
Talk about:
Whether either spouse will receive spousal support (alimony) if the marriage ends
How long should support last
Whether you wish to waive or limit support (California law requires special precautions for enforceability)
4. Future Plans and Career Sacrifices
Consider how marriage and family plans may affect finances:
Will one spouse pause their career to raise children?
How will you handle retirement contributions or college savings?
Should the prenup account for potential lost income?
5. Inheritance and Family Property
A prenup can:
Protect family heirlooms or property
Preserve assets for children from a prior relationship
Ensure that your estate plan aligns with your marital agreements
6. Debt Protection
One partner’s debts can impact both spouses. Decide:
Whether debts will remain separate
How to manage future debts (e.g., business loans or credit cards)
Tips for a Productive Prenup Discussion
Start early – Don’t wait until the wedding is weeks away.
Stay transparent – Honesty is key to creating a valid and fair agreement.
Focus on fairness – A prenup should protect both partners.
Consult separate attorneys – Each spouse should have independent legal counsel to avoid conflicts of interest.
Why Moravec, Varga & Mooney?
Our family and estate planning attorneys can help you:
Draft a prenup that complies with California law
Protect your separate property and family interests
Ensure your estate plan and prenup work together seamlessly
Contact us today to start planning for your future with clarity and peace of mind.
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