Prenups and postnups that hold up in California court.
A well-drafted prenuptial or postnuptial agreement is one of the most powerful planning tools California family law allows. A poorly drafted one is worse than nothing at all.
What you need to know
California prenuptial agreements are governed by the Uniform Premarital Agreement Act (UPAA, Family Code §1610 et seq.). To be enforceable, agreements must meet strict requirements regarding voluntariness, disclosure, independent counsel, and the 7-day waiting period before signing.
- California requires a 7-day minimum review period between presentation and signing (Family Code §1615).
- Both parties should have independent legal counsel — or formally waive in writing.
- Full and fair disclosure of all assets and debts is required.
- Spousal support waivers face heightened scrutiny and may not be unconscionable.
- Postnuptial agreements are subject to fiduciary-duty standards (Family Code §721).
Related topics & situations
Prenuptial Agreements
Pre-marriage contracts protecting separate property and clarifying expectations.
Postnuptial Agreements
Agreements between already-married spouses.
Cohabitation Agreements
For unmarried partners living together (Marvin claims).
Challenging a Prenup
Setting aside an agreement signed under duress or without disclosure.
Spousal Support Waivers
When alimony waivers are enforceable — and when they aren't.
Business Owner Prenups
Protecting a closely-held business from community claims.
Second Marriage Prenups
Protecting children from a prior marriage.
International Prenups
Choice of law and cross-border enforceability.
Amending a Prenup
Modifying an existing premarital agreement.
Prenup Disclosure Requirements
What must be exchanged before signing.
Family Code §1615 establishes a presumption that a premarital agreement was not executed voluntarily unless the party against whom enforcement is sought was represented by independent counsel (or expressly waived in a separate writing) and had at least 7 calendar days between when the agreement was first presented and when it was signed.
Source: California Family Code & California State Bar guidance. General information only.
Prenuptial & Postnuptial Agreements — frequently asked questions
Is a prenuptial agreement enforceable in California?
What can a prenup include?
What can a prenup NOT include?
Do both parties need an attorney?
How long before the wedding should we sign?
Can a prenup waive spousal support?
Can we get a postnuptial agreement after marriage?
Can a prenup be challenged later?
How much does a prenup cost in San Diego?
Does a prenup affect child custody or child support?
What is full and fair disclosure?
Can we modify our prenup later?
Speak with a San Diego family law attorney today.
Every conversation is private. Most clients leave the first call with a clear sense of what to expect — what California law says, what your case is likely worth, and what to do next.