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 marked by new promises and opportunities.  A California prenup helps ensure you and your partner are in sync on your future.

There are numerous laws for a prenup in California that you should understand. In this guide, we’ll discuss some of the most important ones. When you find yourself wanting to take the next steps, know that Neptune is a first-of-its-kind financial concierge built for couples with complex finances and professional ambition. Starting with prenups, we guide partners through high-stakes money decisions with clarity, empathy, and strategy.

By combining emotionally intelligent AI, vetted family lawyers, and transparent pricing, Neptune replaces tension with trust. It turns a traditionally fraught process into a moment of financial alignment.

Prenup California Laws to Know

In California, prenups are more formally known as premarital agreements. California premarital agreements follow the laws defined in the California’s Family Code and the Uniform Premarital Agreement Act. These laws guide how assets and debts are treated before, during and potentially after a marriage. The biggest of a premarital agreement is that it puts you and your partner in the driver's seat. A prenup allows you and your partner to work out a plan now for your future.

California’s laws do 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 partners are entering into a legally binding contract.
• It does not go into effect until the date of the union.
• Each of you should have an attorney. If one or both of you choose not to obtain attorney representation, the one waiving representation must sign a separate written statement of waiver.
• There must be at least seven days in between the final agreement and when the parties sign it. This allows each partner a week to seek legal counsel if needed.
• 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 about the other person’s property as well as their income and debt before signing the prenup.

What to Include in Your California Prenup 

Perhaps the most important and challenging component of a prenup is outlining the differences between community (marital) property and separate property. Community property broadly covers any assets and debts acquired during the marriage. Your prenup can outline what occurs when there’s community marital property. The agreement can be tailored to specifically define what assets will be considered community, what assets will be considered separate property, and how assets would be divided. The agreement also may include decisions about property title. If you acquire assets during your marriage, you want to know how the court would address them if your future takes an unexpected turn.

Prenup California Limitations

Prenups provide clarity on what you both are agreeing to in your relationship. There are numerous ways to tailor the terms to your needs. At the same time, you also have some limitations. California laws limit what can be included in a prenup agreement. These rules include:

• No mention of child custody or child support. If included, the court does not enforce it.
• No 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.
• Cannot include lifestyle clauses (e.g. weight loss, cheating clauses etc). This means that your separation terms cannot be contingent on your partner maintaining certain weight goals, changing their appearances, staying faithful etc.   

Some Situations Can Void a Prenup in California

If you’re going to get a prenup, it’s important that you follow the correct steps. 

• You should sign and notarize the prenup. Notarization is a way of confirming that both parties are signing the agreement without pressure or force.
• Know that modifications require both parties’ approval.

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 in 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 can include full legal names and addresses.
• 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 you both. It also may include savings contributions by other parties.

Getting Legal Insight Always Is Worthwhile

You may not be interested in discussing the end of your marriage before it starts, but that truly is the best time to do so. With Neptune, you can create an accurate and detailed prenup in California that will specifically address your needs and concerns—one that eliminates many of the common challenges. 

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 sound. You don't have to feel overwhelmed by the process. Chat with Neptune today to start the conversation and explore your options.