More people than ever are choosing to sign prenuptial agreements before they get married. Once thought to be an option only for the very wealthy, prenuptial agreements are now recognized as benefiting people of all income levels. Divorce is often a complicated process when it comes to dividing up two people’s lives. If there are children in the marriage, divorce can be even more challenging. By creating a prenuptial agreement, you can create a financial plan for what would happen should your marriage end.

Affordable California Prenuptial Agreements

At the Law Offices of Daniel A. Hunt, we provide our clients with affordable prenuptial agreements. For a prenuptial agreement to be considered legally valid, both parties must understand the agreement had been advised by their own lawyer. We charge a straightforward, flat fee to draft a prenuptial agreement for our clients.

Understanding Prenuptial Agreements

A prenuptial agreement is a contract both future spouses sign before they get married. The prenuptial agreement outlines how the debts and marital assets will be divided should the couple become divorced. Typically, prenuptial agreements list all assets and debts each partner is bringing into the marriage. When you create a prenuptial agreement, you and your future spouse are largely in control of the agreement, with some exceptions.

Child support and child custody issues are often the most divisive in the divorce process. You will not be able to include provisions regarding child support or child custody issues unless the provision is about providing more child support than what the court orders one spouse to pay. You will be able to create provisions of paying for your child’s college education, or your plans to provide for an adult child who has special needs.

Prenuptial Agreements And The Law

The law sets out some basic legal requirements for the prenuptial agreement to be valid:

• Both parties must be mentally competent enough to consent to the agreement.
• Both parties must consent to the agreement.
• When the prenuptial agreement is based on fraud or mistake, a court can rule the agreement invalid.
• When one spouse is not a native English speaker, the agreement must be translated into that individual’s native language.
• Both parties need to have their own legal representation. They can waive their right to counsel, but only if they understand the potential negative consequences of waiving counsel completely.
• Prenuptial agreements are subject to all of the basic rules of contract law. If the prenuptial agreement is not legally valid, it will not be enforceable.
• The prenuptial agreement cannot be “unconscionable,” meaning one party does not have unequal bargaining power. Also, the contract cannot unreasonably favor one party over the other party.
• California Family Code Section 1615(c) states that seven calendar days must pass between the time one party is first presented with the final agreement and advised to seek legal counsel, and the time the agreement is signed. This means you will want to plan ahead if you are engaged! Be sure to start the process of creating a prenuptial agreement well ahead of time. You want to avoid a situation where the wedding is less than 7 days away and it’s too late to create a prenuptial agreement.

Community Property And Prenuptial Agreements

In a community property state like California, when a couple does not have a prenuptial agreement, each spouse keeps the property they owned before the marriage after the divorce. This type of property is called separate property. Any property that the couple shared during the marriage will become divided equally between the spouses. A prenuptial agreement allows couples to “change the rules” and choose how they will divide their property among themselves should they become divorced.

For example, a couple can agree that one spouse will keep the entire house, and the other spouse will keep all the assets in the retirement account. Typically, a court would divide up those assets among the spouses. Prenuptial agreements allow you to treat community property as separate property or separate property as community property. You can also choose to waive or alter your right to an inheritance so long as your minor children are not negatively affected.

Can a Prenuptial Agreement Address Spousal Support in California?

One of the most commonly asked questions prospective spouses have is whether a prenuptial agreement can limit or waive spousal support. Under California law, the answer is yes, but there are strict requirements that must be met for such agreements to hold up in court.

What California Requires for a Valid Spousal Support Waiver

• Independent legal counsel — The party waiving spousal support must be represented by their own attorney at the time of signing. If the unrepresented party chooses not to hire an independent attorney, they must expressly waive that right in a separate writing, and the waiver must demonstrate they fully understand the consequences.
• Full financial disclosure — Both parties must provide a comprehensive list of all assets, debts, income, and financial obligations. Without full disclosure, the agreement may be challenged later as involuntary or uninformed.
• Cannot be deemed unconscionable — A court can refuse to enforce a spousal support provision if it was unconscionable at the time of signing. If one spouse would end up on public assistance as a result of the waiver, a judge is likely to set the provision aside.
• Voluntary consent — Both parties must enter the agreement voluntarily, without undue influence or pressure from the other party.

Spousal support provisions are among the most heavily scrutinized parts of any premarital agreement. Even a well-drafted prenuptial agreement can be challenged if the court determines that enforcing it would be fundamentally unfair at the time of divorce. This is why working with a California prenuptial agreement attorney who understands these nuances is critical. Our legal team at The Law Offices of Daniel A. Hunt can help you draft provisions that provide clarity and protect both parties’ interests while remaining enforceable under state law.

What Is the Difference Between a Prenuptial and Postnuptial Agreement?

Many couples assume that if they did not sign a prenuptial agreement before their wedding, they have missed their opportunity to protect their assets and define financial responsibilities. That is not the case. A postnuptial agreement serves a similar purpose but is executed after the marriage has already taken place.

Key Differences Between Prenuptial and Postnuptial Agreements

• Timing — A prenuptial agreement is signed before the marriage, while a postnuptial agreement is created and signed after the couple is already legally married.
• Enforceability standards — California courts tend to scrutinize postnuptial agreements more closely because the parties are already in a fiduciary relationship as spouses. Both parties must demonstrate that the agreement was entered into with voluntary consent and without undue influence.
• Independent counsel requirements — While both types of agreements benefit from each party having their own attorney, the requirement for independent legal counsel is especially important for postnuptial agreements, given the heightened scrutiny courts apply.
• Common uses — Postnuptial agreements are commonly referred to when one spouse starts a business during the marriage, receives a large inheritance, or when the couple wants to resolve potential conflicts around property division before they escalate into future disputes.

Both prenuptial and postnuptial agreements can address separate property, community property, business interests, inheritance rights, financial obligations, and spousal support. Both require full financial disclosure from each party to be considered valid. Neither can include enforceable provisions about child support or custody, as those decisions are always subject to the court’s determination of the child’s best interest.

If you are already married and want to protect significant assets, define property acquired during the marriage, or simply provide clarity for the future, our California prenuptial agreement attorneys can also help you draft an enforceable postnuptial agreement. Contact The Law Offices of Daniel A. Hunt to schedule your initial consultation today.

Benefits Of Signing A Prenuptial Agreement

One of the best aspects of signing a prenuptial agreement is the protection it affords your property. If you have already accumulated significant separate personal property, you may want to ensure that you keep that property after a divorce. You can place a provision in your prenuptial agreement that states clearly which property each person will get to keep. This can help you avoid costly and contentious divorce litigation in the future.

A prenuptial agreement can also allow you to designate which debts belong to which partner. If your partner currently has significant debts, this can prevent you from needing to take those on as a financial liability should you separate one day.

A prenuptial agreement can also save you and your spouse an extensive amount of stress. While it may seem difficult to discuss a possible future separation during an engagement, discussing these matters now will save you significant emotional turmoil down the road. Instead of worrying about what will happen to your financial situation after a divorce, you can rest easy knowing that you have a fair and complete plan for what will happen to your assets. A prenuptial agreement can help you avoid divorce litigation, making the process of ending a marriage much less stressful and expensive.

Finally, when two spouses have different financial backgrounds, a prenuptial agreement allows one spouse to keep their assets. For example, if one spouse is part of a successful family business, they can protect their interests in the family business through a prenuptial agreement.

Contact Our Experienced Sacramento, CA Prenuptial Lawyers Today

At the Law Offices of Daniel A. Hunt, our lawyers have decades of experience creating prenuptial agreements. We offer affordable flat rates for creating a prenuptial agreement. Contact our estate planning law firm today to schedule your initial consultation with our Sacramento, Folsom, or Roseville offices. We offer in-person, virtual, and telephone appointments for your convenience.