Prenuptial Agreements for High-Net-Worth Couples in California

Key Insights

For high-net-worth couples in San Diego, having financial protection is important before saying “I do.” A prenuptial agreement is less about distrust and more about responsible planning. A legally enforceable prenup in California provides protection for businesses, real estate, investments, and inheritance rights. It’s also helpful to know that not all prenups hold up in court. This guide explains how to create a legally enforceable prenup in California, the importance of full disclosure, and how to follow the California seven-day rule for prenups. Understanding how to create a prenup in California early can make the difference between an agreement that works and one that fails.

Why High-Net-Worth Couples Need a Prenup in San Diego

California is a community property state, which means that without a legally enforceable prenup in California, most assets acquired during marriage are considered jointly owned and divided 50/50 in a divorce. Surprisingly for many, this can even include:

• Increases in premarital business value associated with a spouse’s work in the business during marriage
• The creation of a community property interest in a spouse’s premarital separate real estate
• Jointly titled real estate originally purchased with inherited funds of a spouse
• Separate property funds that have been commingled with community funds
• Earnings, bonuses, and retirement contributions during the marriage
• Intellectual property created by one spouse during the marriage
• Pets

If preserving wealth and maintaining control over financial outcomes is a priority, learning how to create a prenup in California is one of the most effective steps you can take.

Creating a Legally Enforceable Prenup in California

Not every agreement will stand up in court. To have a legally enforceable prenup in California, the agreement must follow certain legal requirements under the California Family Code.

Key requirements include:

• The agreement must be in writing and signed voluntarily
• Full financial disclosure of all assets and debts
• No coercion, duress, or fraud
• Each party must either have independent legal counsel or waive it in writing (counsel required if spousal support is being limited or waived in the prenup)
• The agreement must be fair and not “unconscionable” at the time of signing
• It must follow the California seven-day rule for prenups

If any of these requirements are not met, your agreement may be deemed unenforceable in a San Diego court.

What Is the California Seven-Day Rule for Prenups?

The California seven-day rule for prenups is a legal protection to prevent rushed or unfair agreements. Under this rule:

• The final version of the prenup must be provided at least seven days before the party signs it.
• This gives the signing party time to review the agreement with or without an attorney.
• The rule applies even if both parties are represented by attorneys.

If you violate the California seven-day rule for prenups, your agreement could be challenged later and possibly voided by a judge.

Timing is a critical part of how to create a prenup in California. You need to plan ahead and leave enough time for review and revision if needed.

Common Mistakes That Make Prenups Unenforceable

High-net-worth couples are more likely to have their agreements challenged in court. These are some of the most common reasons a legally enforceable prenup in California may be struck down:

• One party signed under pressure or without enough time
• The California seven-day rule for prenups was ignored
• One party didn’t have legal representation or didn’t waive it properly
• Financial disclosures were incomplete or inaccurate
• The agreement was grossly one-sided or unfair

To avoid these mistakes, work with a skilled San Diego family law attorney who understands how to create a prenup in California.

Special Considerations for High-Net-Worth Individuals

When substantial assets are involved, a prenup needs to go beyond basic terms. A legally enforceable prenup in California should address:

• Business ownership and appreciation
• Out-of-state or international assets
• Real estate holdings and income-producing properties
• Inheritance planning and protection for family trusts
• Private equity, crypto, or stock options
• Tax planning and estate concerns
• Characterization of earnings during the marriage

Knowing how to create a prenup in California that reflects your unique financial situation can make a major difference in how your assets are treated if the marriage ends.

Does a Prenup Cover Spousal Support?

Yes, but with limits. You can waive or modify future spousal support in a prenup, but the court may still review the fairness of these terms during a divorce.

For the court to uphold spousal support terms:

• Both parties must have independent legal counsel
• The waiver must be clearly stated
• The waiver must not be unconscionable at the time of enforcement

If these conditions are met, your agreement is more likely to be upheld as a legally enforceable prenup in California.

Why You Shouldn’t Wait Until the Last Minute

Waiting until the final weeks before your wedding is one of the biggest mistakes you can make. It increases the risk of:

• Violating the California seven-day rule for prenups
• Giving the appearance of pressure or duress
• Not allowing enough time for attorney review
• Rushing big decisions

Starting early is a key part of how to create a prenup in California that won’t be challenged later. The sooner you begin, the more thorough and balanced your agreement will be.

Partner with a San Diego Family Law Firm That Knows How to Create a Prenup in California

At Fair Cadora, APC, we help high-net-worth individuals create clear, enforceable agreements that protect their assets and reduce future conflict. Our San Diego divorce and family law attorneys know exactly how to create a prenup in California that meets the legal requirements, including the California seven-day rule for prenups.

Whether you’re protecting a business, planning for future wealth, or just want peace of mind, we can help you create a legally enforceable prenup in California that supports your goals. If you’re planning a marriage and want to protect your interests, contact us today. Our team will make sure your agreement is done right from the start.