When people hear the word “prenup,” they often think of an extremely wealthy person trying to protect millions of dollars before getting married. That is only one reason to consider a prenuptial agreement.
As a California family law attorney, I often tell clients that a prenup is not necessarily about planning for divorce. It is about making thoughtful financial decisions before marriage, while the relationship is strong and both people have the opportunity to discuss their expectations openly.
A well-drafted prenuptial agreement can answer questions that couples often do not think about until years into a marriage: What happens to the business one spouse started before marriage? How will income earned during marriage be treated? Will either spouse be entitled to spousal support if the marriage ends? What happens if separate and marital funds are used to purchase a home?
Having those conversations before marriage can provide clarity and certainty for both spouses.
So, Who Should Consider a Prenup?
There is no single type of person who “needs” a prenuptial agreement. However, I particularly recommend considering one in the following situations:
You own a business or professional practice.
Business owners should strongly consider a prenup. Even if the business was created before marriage, a community property interest can be created during the marriage. Other issues such as the business’ growth, income and contributions made during the marriage often arise during dissolution proceedings. A carefully drafted agreement can define the parties’ rights before those issues ever become a dispute.
You own significant assets before marriage.
Under California Family Code section 770, property owned before marriage is generally separate property, as are certain gifts and inheritances received during marriage. But simply having separate property does not mean there can never be a dispute about it. Over a long marriage, funds may be commingled, property may be refinanced, community funds may be used toward separate assets, or the parties may disagree about what was intended. A prenup can establish clear rules from the beginning.
You expect to receive an inheritance or substantial family wealth.
An inheritance is generally separate property under California law, but a prenup can provide additional clarity regarding how inherited assets, income generated from those assets, family trusts, or property purchased with inherited funds will be handled during the marriage.
There is a significant difference in income or assets between you and your future spouse.
A prenup is not only for the wealthier spouse. Both parties can benefit from knowing what their financial rights and obligations will be. Depending on the circumstances, an agreement may address property rights, allocation of debts, responsibility for expenses, and spousal support.
One of you is giving up or scaling back a career.
Sometimes the spouse with fewer assets has the greatest reason to want a prenup. If one person expects to stop working, work fewer hours, relocate for the other spouse’s career, or stay home to raise children, the couple may want to discuss what financial protections will exist for that spouse.
You own real estate.
Real estate can become particularly complicated during a marriage. If one spouse owns a home before marriage but community funds are later used to pay the mortgage, renovate the property, or refinance it, reimbursement and characterization issues may arise. Addressing those issues in advance can avoid expensive litigation later.
You simply want financial certainty.
You do not need to own a company, have millions of dollars, or expect a large inheritance to benefit from a prenup. Some couples simply prefer to decide for themselves how their finances will be handled rather than relying entirely on California’s default rules.
What Can a California Prenup Cover?
California adopted the Uniform Premarital Agreement Act, found in Family Code sections 1600 through 1617. A premarital agreement must be in writing and signed by both parties. Family Code section 1611 expressly provides that requirement.
Under Family Code section 1612, parties can contract regarding a wide range of financial matters, including their rights and obligations in property, the management and disposition of property, what happens to property upon separation or divorce, and certain rights concerning spousal support.
This flexibility allows couples to create an agreement tailored to their actual lives rather than relying solely on the rules that would otherwise apply under California law.
A Prenup Is Only Helpful If It Is Enforceable
This is one of the most important parts of the conversation I have with clients.
A prenup should not be something presented to a future spouse days before the wedding with a demand to “just sign it.”
California Family Code section 1615 contains important requirements affecting the enforceability of premarital agreements, including requirements concerning voluntariness, financial disclosure, timing, and access to independent legal counsel. An agreement may be unenforceable if, for example, it was not entered into voluntarily or if it is unconscionable or the statutory requirements regarding financial disclosure were not satisfied.
For that reason, start the process early. Waiting until invitations have gone out, guests are arriving, and the wedding is days away creates unnecessary problems.
Both parties should have sufficient time to understand the agreement, exchange appropriate financial disclosures, consult with independent attorneys, negotiate the terms, and make informed decisions.
Prenups Are Not Just About Divorce
One misconception I frequently encounter is that asking for a prenup means someone believes the marriage will fail. I view it differently.
Marriage has significant financial and legal consequences under California law. A prenup gives two people an opportunity to understand those consequences and decide together whether California’s default rules reflect what they actually want.
In many cases, the process forces couples to have important conversations about money, property, careers, businesses, debt, children, and long-term expectations before they marry. Those conversations can be valuable regardless of whether the prenup is ever needed.
Thinking About a Prenup? Start the Conversation Early.
At The Soleymani Law Firm, APC, we focus exclusively on California family law and regularly assist clients with the preparation, negotiation, and review of prenuptial agreements. We understand that these agreements are highly personal. Our goal is not simply to draft a contract, but to understand what matters to you, identify the issues that may affect your marriage, and create an agreement designed to provide clarity and protection for the future.
Whether you are protecting a business, real estate, family wealth, an expected inheritance, or simply want to establish clear financial expectations before marriage, The Soleymani Law Firm can help you understand your options and prepare a prenuptial agreement tailored to your circumstances.
Contact The Soleymani Law Firm, APC to schedule a consultation regarding a prenuptial agreement.
This article is for general informational purposes only and does not constitute legal advice. Every situation is different, and individuals considering a prenuptial agreement should consult with a qualified California family law attorney regarding their specific circumstances.