Prenuptial Agreements in California: What Makes One Enforceable?
By Dion Macbeth, California attorney
A prenuptial agreement is most useful when it is prepared transparently and well before a wedding. The process should give both people time to understand the agreement and obtain appropriate advice.
Disclosure and independent advice matter
Assets, debts, income, and business interests should be disclosed accurately. California law also addresses timing, voluntariness, and independent counsel, so a last-minute document can create avoidable risk.
Plan for the life you may actually have
A thoughtful agreement can address separate property, debt, business ownership, support, estate planning coordination, and what happens after a move or major financial change. It should be reviewed alongside the estate plan.
Common Questions
Further Detail
Earlier is generally better because timing and pressure can affect enforceability. The parties should allow meaningful time for review and advice.
Spouses may be able to enter a postnuptial agreement, but different rules and considerations can apply.
Legal Guidance
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