How To Get a Prenuptial Agreement in California

When most California couples get married, they hope their unions will last for life. However, that's not always how things turn out. Even with each partner's best intentions, some marriages end in divorce. Couples must deal with the reality of marriage as a legally binding contract. With that in mind, it's helpful to know about prenuptial agreements. In this guide, you'll learn what they are and how to get one in the Golden State.

How Prenuptial Agreements Work

A prenuptial agreement is a contract between two people who wish to marry. This contract details each partner's assets and liabilities and what happens to them if the couple later divorces. Prenuptial agreements in California must follow the state's Uniform Premarital Agreement Act. The UPAA is California's version of the Uniform Premarital and Marital Agreements Act, a model law drafted by the Uniform Law Commission to promote uniformity among state premarital contract laws.

Why You May Need a Prenup

You don't have to be rich to benefit from a premarital contract. Prenups can offer helpful protection for couples in specific scenarios:

You or your partner has been married before.
Either spouse-to-be has children.
One partner is wealthier than the other.
Either spouse has significant amounts of debt.
One or both of you owns a business.
You wish to keep your marital affairs and assets confidential.
Either party has an inheritance to protect.
One of you plans to be a stay-at-home parent.

Steps for Getting a Prenup in California

California law specifies several rules for premarital contracts. All agreements must be in writing, as the state does not enforce oral prenups. Both parties must have the legal capacity to enter into a contract. Prenups must also avoid including certain types of language:

Child custody or support requirements
Non-financial requirements, such as demanding one spouse to lose weight
Requirements for either party to perform illegal activities
Unfair, exploitative, or deceptive clauses
Spousal maintenance mandates if the signing spouses choose not to hire independent legal counsel

Getting a prenup in California isn't as difficult as you may think. Proper procedures create a fair, valid, and enforceable premarital contract. You can achieve this goal with a few simple steps.

Step 1: List Assets and Liabilities

Both partners should make a complete list of their assets and debts. Property can include land, buildings, heirlooms, personal effects, bank accounts, and investments. It also encompasses digital assets and intellectual properties. Liabilities include secured and unsecured debts, including student loans.

Step 2: Draft the Agreement

You can write a prenuptial agreement or use legal software to draft the document. However, most couples benefit from having theirs drawn up by attorneys.

California law mandates full disclosure and understanding by both partners of their assets and liabilities in a prenup agreement. The document should contain the information you gathered in step one. An attorney can also help ensure your contract is complete and avoid potentially costly mistakes.

Step 3: Hire Attorneys and Review the Agreement

You will each need to individually hire legal counsel before signing your prenup. California law requires both partners to have seven days to review the agreement and obtain legal representation before they can sign it. Each partner and their attorneys should review the document separately.

Step 4: Sign the Agreement

Signing the premarital agreement is the final step in the process. California requires the completion of this step before the wedding takes place. The state also mandates the notarization of signatures on prenuptial contracts.

Protecting Your Future

Marriage is a romantic, social, legal, and financial partnership. Both spouses should benefit in fair and equitable ways, but life isn't perfect. Premarital agreements can help protect both partners' futures should their marriage end. If you and your partner want to get a prenup, consult with licensed, qualified legal counsel in your area.