Steps to Create a Legally Enforceable Prenuptial Agreement in California

Key Insights

A California prenuptial agreement helps both high-net-worth individuals and couples with more modest financial situations define how assets, debts, and financial responsibilities will be handled in the event of divorce or separation. For a prenup to hold up in court, it must follow specific legal steps outlined in the California Family Code, including the seven-day rule, full financial disclosure, and clear execution. This blog outlines the key steps for creating a legally enforceable prenuptial agreement in California, what mistakes to avoid, and how an experienced San Diego family law attorney can help.

What Is a California Prenuptial Agreement?

A California prenuptial agreement, often referred to as a prenup, is a legal contract entered into before marriage that outlines how financial matters will be handled if the marriage ends. It typically covers:

• The division of assets and debts
• Spousal support rights
• Ownership of property acquired before or during marriage
• Business interests or inheritance rights

When properly prepared, a California prenuptial agreement helps reduce the risk of costly disputes in the event of divorce and gives both parties greater peace of mind going into the marriage.

What Are the Steps to Create an Enforceable Prenuptial Agreement in California?

Not every prenuptial agreement will hold up in a San Diego court. To be considered an enforceable prenuptial agreement in California, your document must comply with strict requirements set forth by the California Family Code, specifically Sections 1600–1617.

If your agreement is found to be invalid, the San Diego court may disregard it completely, leaving property and support decisions to be made under standard California divorce laws.

Step 1: Start Early

Timing plays a big role in whether your California prenuptial agreement will hold up in court. Don’t wait until the last minute. Starting the process well ahead of your wedding gives both of you the time and space to think through important financial decisions.

California law includes something called the seven-day rule, which means each person must receive the final version of the agreement at least seven days before signing it. This built-in waiting period allows both parties to fully review the terms and talk to their own attorney without pressure. Rushing to sign a prenup right before the ceremony can raise red flags and may lead to claims of coercion down the road.

Step 2: Provide Full Financial Disclosure

To ensure your California prenuptial agreement is legally sound, both parties must provide a full and fair disclosure of their:

• Income
• Assets
• Debts
• Expenses

If you skip this step, the San Diego court might decide the agreement is unfair and throw it out. Being open and honest about your finances is a key part of making your prenuptial agreement enforceable in California.

Step 3: Hire Separate Legal Counsel

Each party should have their own divorce attorney to review the agreement. While it’s not legally required for a prenup to be valid, courts are more likely to uphold an agreement if both parties were represented by independent counsel.

An experienced San Diego family law attorney can ensure that the agreement complies with the California Family Code, meets procedural fairness standards, and protects your rights.

Step 4: Avoid Provisions That Violate Public Policy

There are limits to what you can include in a California prenuptial agreement. The California Family Code prohibits provisions related to:

• Child custody or visitation
• Child support waivers
• Infidelity clauses
• Any terms that promote divorce or are deemed unfair

Any clauses that conflict with public policy could potentially compromise the enforceability of the entire agreement.

Step 5: Follow the California Seven-Day Rule

As mentioned earlier, the California Family Code enforces the seven-day rule for prenups. This rule is in place to prevent coercion and ensure that each person has time to:

• Carefully review the terms
• Understand their legal implications
• Consult an attorney if they wish

Failure to follow this rule is one of the most common reasons a California prenuptial agreement becomes unenforceable.

Step 6: Execute the Agreement Properly

To finalize an enforceable prenuptial agreement in California, you must:

• Put the agreement in writing
• Have both parties sign voluntarily
• Ensure signatures are notarized (strongly recommended but not required)
• Make sure the agreement is signed before the wedding

If the agreement is signed after the marriage, it becomes a postnuptial agreement, which is governed by different legal rules under the California Family Code.  It is critical that a prenup be signed before the legal marriage.

Step 7: Store and Maintain the Agreement

Once signed, the original California prenuptial agreement should be stored in a secure location. Both parties should keep a copy, and it’s wise to notify your attorney of its existence. If your circumstances change (such as the birth of a child or acquisition of new property), you may want to update or amend the agreement.

Amendments must also follow the same legal formalities to remain enforceable under California Family Code standards.

Common Mistakes That Lead to Unenforceability

Be aware of these common errors, which could make your California prenuptial agreement unenforceable: 

• Signing the agreement under duress or without enough time
• Using vague or overly broad language
• Failing to disclose all assets and liabilities
• Including illegal or unenforceable provisions
• Skipping legal representation

These mistakes can invalidate the entire agreement, leaving you unprotected.

Work with a San Diego Family Law Attorney to Create an Enforceable Prenuptial Agreement in California

A well-crafted enforceable prenuptial agreement in California can give both partners clarity, protection, and peace of mind heading into marriage. Starting early, providing full financial disclosure, following the seven-day rule, and working with an experienced attorney helps ensure your agreement meets the legal standards set by the California Family Code.

At Fair Cadora, APC, our San Diego family law attorneys are here to guide you through the entire process. If you’re ready to protect your financial future, contact our team today to get started on an enforceable prenuptial agreement in California that reflects your goals and holds up in court.