Premarital agreements, also known as prenuptial agreements or “prenups,” are powerful tools for protecting individual assets, defining financial responsibilities, and setting expectations in marriage. In California, these agreements are governed by strict legal standards to ensure they are enforceable and fair.

A premarital agreement is a contract signed by both parties before marriage, outlining how property, income, and debts will be handled in the event of divorce or death. In a community property state like California, where marital assets and debts are generally shared equally, a prenup allows couples to define what will remain separate property or how assets will be divided. This can be especially important for individuals with significant premarital assets, business interests, or financial obligations like children from a previous marriage.

To be enforceable in California, premarital agreements must meet specific requirements. Both parties must fully disclose their assets, debts, and income, and the agreement must be in writing and signed voluntarily. California law requires that both parties have at least seven days to review the agreement before signing, ensuring ample time to consider its terms. It’s also recommended, though not mandatory, that both parties have separate legal representation to avoid conflicts of interest and to ensure fairness.

Premarital agreements can cover a range of issues, including the division of property, spousal support terms, and financial responsibilities during the marriage. However, California courts will not enforce provisions that negatively impact child custody or support, as these decisions must be made in the best interests of the child at the time of divorce.

When done correctly, a premarital agreement can provide clarity, protect assets, and reduce conflict in the event of divorce. However, poorly drafted agreements or those perceived as unfair can be contested in court, leading to costly litigation. It’s essential to work with an experienced family law attorney to draft a solid prenup that meets all legal requirements and reflects the couple’s intentions.

For those considering marriage in California, a premarital agreement offers an opportunity to start the partnership with clear expectations and mutual understanding. Whether you’re looking to protect premarital assets, plan for future financial arrangements, or safeguard your business interests, a well-drafted prenup is an invaluable tool.