Puja Sachdev | September 20, 2025 | Prenuptial Agreements
Talking about a prenuptial agreement, or “prenup,” before getting married might feel awkward. But in many cases, it’s one of the smartest choices a couple can make. A prenup is a legal agreement signed before marriage that says how property, debts, and money will be handled if the marriage ends. It’s not about planning for failure—it’s about planning for the future.
What Is a Prenup?
A prenup is a contract between two people who plan to get married. It says how they’ll handle things like money, property, and debts if they ever separate or divorce.
In California, prenups are allowed under the Uniform Premarital Agreement Act (UPAA). The law requires both people to sign the agreement voluntarily, and it must be fair and based on full disclosure of each person’s finances.
How a Prenup Can Help Protect You
A prenup isn’t just for the rich or famous. It can help anyone who wants to avoid future arguments and legal problems. It creates clear rules, so both spouses know what to expect.
Here are some key ways a prenup can help:
- Protect a business or professional practice from being split up
- Keep family property or inheritance in the family
- Avoid taking on a spouse’s personal debts
- Decide if either spouse will receive alimony
- Simplify property division in case of divorce
- Protect children from previous relationships
Even if you never use it, a prenup can give you peace of mind.
It Encourages Honest Conversations
Writing a prenup means talking about money, plans, and goals. These can be hard topics, but they’re important. Couples might discover they have different views about saving, spending, or supporting family members.
These early conversations can help you:
- Understand each other’s values
- Make financial goals together
- Avoid future fights about money
Learning how to talk through serious issues is great practice for married life.
Avoiding Court Battles Later On
California is a community property state. That means anything you earn or buy during your marriage usually belongs to both of you equally. If you divorce, it’s split 50/50. A prenup lets you create your own rules instead.
Without a prenup, a judge decides who gets what. That can take a lot of time, money, and stress. A prenup can make divorce much faster, cheaper, and less painful.
Who Should Consider a Prenup?
You might want a prenup if:
- You own a home or business
- You have more money or debt than your partner
- This is your second marriage
- You have kids from another relationship
- You’re getting married later in life
- You expect to receive an inheritance
Anyone can get a prenup, but it’s especially helpful if your financial situation is more complex.
What Can’t a Prenup Do?
A prenup can’t decide child custody or child support—that’s up to the court based on what’s best for the child. It also can’t include anything that breaks the law or is extremely unfair to one person.
If a judge thinks your prenup wasn’t signed willingly or was based on lies, it may not be enforced. That’s why it’s important to follow all legal steps carefully.
How to Make a Prenup Valid in California
To make sure your prenup is legal and valid in California:
- It must be in writing and signed by both people
- Each person must have at least 7 days to review it before signing
- Both people must fully disclose their finances
- It should be fair and not heavily favor one person
- It’s best if each person has their own lawyer
This way, the court is more likely to uphold the agreement if it’s ever challenged.
Does Asking for a Prenup Mean You Don’t Trust Your Partner?
Not at all. Asking for a prenup doesn’t mean you expect your marriage to fail. It means you want to be smart and protect each other. Think of it like a seatbelt—you hope you never need it, but it’s better to have it just in case.
In fact, couples who talk openly about finances before marriage often build stronger, more honest relationships.
When Should You Bring It Up?
Don’t wait until the last minute. It’s best to start talking about a prenup a few months before the wedding. This gives both people time to think, ask questions, and meet with lawyers. If someone feels pressured, the prenup might not be valid.
Start the conversation early and keep it calm and respectful. Focus on why the agreement matters to you.
Contact the San Diego Prenuptial Agreement Lawyers at San Diego Divorce Lawyers, APC for Help Today
If you’re thinking about getting a prenuptial agreement, the experienced team at San Diego Divorce Lawyers, APC can help. We’ll explain your rights, guide you through the legal process, and make sure your agreement is fair and valid. Contact us today for a consultation with a San Diego prenuptial agreement attorney and learn how we can help protect your future.
Call our experienced San Diego divorce lawyers at (619) 866-3756 to schedule a complimentary case evaluation.
We proudly serve throughout San Diego County. We are located in San Diego, California.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
