What are the requirements for a valid prenup in California?

A valid prenup in California must be written in legal language, signed voluntarily by both parties, and include complete disclosure of each person's assets, income, and debts. Each person must have one week to seek independent legal counsel before signing, and the agreement doesn't take effect until the marriage date.

What cannot be included in a California prenup?

California prenups cannot include child custody or child support provisions, requirements for illegal acts, non-financial demands like weight requirements, or unfair terms. They also cannot include language that encourages illegal behavior or relationship requirements about what must be done during the marriage.

Can a prenup in California be changed after marriage?

Yes, a California prenup can be modified after marriage, but both parties must agree to the changes and follow specific legal steps. If changes are made improperly without following legal requirements, the entire prenup may become invalid.

What happens to marital property with a California prenup?

A California prenup should specify how marital property (assets acquired during marriage) will be divided. The agreement can include decisions about property titles and outline exactly how assets will be divided if the marriage ends, providing clarity beyond California's default community property laws.

What can void a prenup in California?

A California prenup can be voided if it's not properly executed, such as lacking proper signatures or notarization, or if it was signed under pressure or force. Making unauthorized changes after marriage without following legal procedures can also invalidate the entire agreement.

Prenup in California: What You Need To Know

A California prenuptial agreement provides a blueprint for your financial future with your partner. In many ways, it can solidify your partnership and ensure that both of you are on the same path forward. For couples preparing for a future together, it’s usually an exciting time filled with new promises and opportunities and a California prenup helps ensure you and your partner are on the same page for your future.There are numerous laws for a prenup in California that you want to be familiar with as well. In this guide, we’ll discuss some of the most important. With Neptune, your prenup concierge, you can get personalized guidance along with access to lawyer recommendations to help you with this process.

Prenup California Laws to Know

Under California’s Family Code, there is already some pre-designed guidance in place that includes codified martial division or laws that govern how the division of your home and other assets will take place. However, with a prenuptial agreement, you take back some of the control. A prenup allows you and your partner to work out a plan now for your future.

California’s laws allow you to create your own prenup. However, without legal insight and guidance, it can be challenging to meet the Uniform Premarital Agreement Act rules. Here are some of the main points to keep in mind about these rules:

The two prospective spouses are entering into a legally binding contract.
It does not go into effect until the date of the union.
The contract must be written with legal language that outlines decisions.
The prenup must be voluntary and signed by both parties.
Each person in the prenup must receive complete information regarding the other person’s property as well as their income and debt before the signing of the prenup.

Once complete, each person has one week to seek independent legal insight from an attorney before signing.

Prenup California Limitations

Prenups provide clarity on what you both agree upon when entering into your relationship. There are numerous ways to make them very specific to your needs. However, you also have some limitations. California laws limit some actions you can take in a prenup. Those include:

No mention of child custody or child support. If included, the court does not enforce it.
Language that encourages or nudges illegal acts. You cannot make any statement that would require the other party to act illegally to uphold the agreement.
Limitations on spousal maintenance requirements if the spouse opted out of receiving independent legal counsel.
Non-financial requirements. That includes requirements to lose weight, maintain weight, or change their appearance.
Any statement that includes unfair or unjust terms. Leave out exploitative and deceptive terms as well.
Terms regarding the relationship. Including what must or must not be done during that relationship.

A California prenup can be quite limited, as you can see. So, understanding these rules is critical to creating an agreement that ensures legal compliance.

Some Situations Can Void a Prenup in California

If you do not appropriately execute or implement the prenup in California, the court may invalidate it. That means the court will not hold the other party to any of the requirements within the agreement.

One example is not having a notarized copy of the agreement created which both parties sign without pressure or any force. Another example of a situation that could invalidate your California prenup is making changes to it after the legal union has taken place. It is possible to make changes; both parties must do so, and there are legal steps necessary to achieve those changes. If you fail to do this or put in place an alternative option, such as a post-nuptial agreement, the entire prenup may have no grounds.

How to Create a Prenup in California You Can Rely On

Creating a prenup in California requires considering what your objectives are, ensuring you can legally include those factors into your prenup, and then creating the legally binding framework to do so. Because there are so many specific steps required, it’s best to have a prenup attorney in California oversee the process for you. Some of the components of these agreements include:

Identification of both parties: This includes names, addresses, and Social Security information
Statistical information: Your age, salary, medical conditions, and other specific information
Intentions: The prenup should clearly outline your intentions, including the specific expectations you have.
Liabilities and assets: A full disclosure of liabilities and assets, including what the agreement defines as separate property.
Terms for division: Specific terms related to how the couple will divide property if it becomes necessary to do so.
Stipulations for support: The prenup also includes any stipulations for receiving spousal support or alimony.

It is possible to include other details in the prenup. That might include, for example, the financial responsibilities of each person. It may include savings contributions by other parties.

Marital Property in Prenups in California

Perhaps the most important and challenging component of a prenup is outlining what occurs when there’s marital property—this refers to property acquired during the marriage. The agreement should be tailored to include what type of martial property requires a specific division. It may include decisions about property title. If you acquire assets during your marriage, you want to know how the court will divide them in case of dissolution. These details help to solidify what could happen.

Getting Legal Insight Is Always Worthwhile

You may not be interested in discussing the end of your marriage before it starts, but that’s the most important time to do so. Utilizing the tools provided by Neptune, you can create an accurate and detailed prenup California that will specifically address your needs and concerns—one that builds and eliminates many of the challenges of entering a legal union like this.

Neptune can help you along the way as you and your partner discuss shared goals and values for all aspects of your life together. With personalized guidance that matches you with a trusted family lawyer, you can ensure that your prenup is legally in place and that the results are reliable. You don't have to feel overwhelmed by the process. Chat with Neptune today to start the conversation and explore your options.