Why DIY Prenups Are Risky
When something seems too good to be true, it often is—especially when it comes to legal documents with long-term consequences. Prenuptial agreements can be invalidated for a wide range of reasons, including improper drafting, inadequate disclosures, incorrect execution, or failure to comply with California’s specific legal requirements.
Unless you are a licensed attorney with significant experience in prenuptial agreements, preparing your own prenup carries substantial risk. If a prenuptial agreement is later deemed unenforceable, California’s default community property laws will apply in a divorce, removing your ability to control how assets and debts are divided and placing those decisions in the hands of the court.
Below are three key reasons why working with an attorney is essential when creating a prenuptial agreement.
Reason #1: A Prenuptial Agreement Is a Critical Legal Document
A properly drafted and executed prenuptial agreement can significantly reduce financial uncertainty and conflict if a marriage ends. When done correctly, it provides clarity, predictability, and protection during an otherwise difficult time.
By contrast, a poorly drafted or improperly executed prenup can lead to prolonged litigation, extensive legal fees, and years spent resolving disputes that could have been avoided. The difference between a strong prenup and a flawed one often comes down to legal precision and experience.
Taking the time to ensure your agreement is done correctly can help protect both spouses from unnecessary emotional and financial strain later.
Reason #2: Strategic Planning Now Can Prevent Major Costs Later
Divorce litigation can be extremely expensive. Contested divorces frequently involve extensive attorney time, court appearances, and prolonged negotiations—costs that can quickly escalate into tens or even hundreds of thousands of dollars.
While having an attorney prepare a prenuptial agreement may feel like a significant investment upfront, it can dramatically reduce the likelihood of costly disputes later. A clear, enforceable prenup often streamlines the divorce process and minimizes the need for court involvement altogether.
In many cases, thoughtful planning at the outset can preserve resources and reduce conflict in the future.
Reason #3: Prenuptial Law Is Technical—and Constantly Evolving
Prenuptial agreements are governed by highly specific statutory requirements in California. These rules dictate not only what a prenup can and cannot include, but also how disclosures must be handled and how the agreement must be executed.
To make matters more complex, the law surrounding prenuptial agreements continues to evolve through legislation and court decisions. Online forms and generic templates are rarely updated to reflect these changes and often fail to account for individual circumstances.
Even a seemingly minor procedural mistake—such as timing or execution errors—can render an otherwise reasonable agreement unenforceable. Working with an attorney who regularly practices in this area helps ensure that both the substance and process comply with current law.
An Investment in Your Future
A prenuptial agreement is not just a legal document—it is a long-term framework that may govern your financial rights for decades. When viewed through that lens, professional legal guidance is not an expense, but an investment in clarity, protection, and peace of mind.
Having an experienced attorney guide you through the process can make the difference between an agreement that holds up when it matters most and one that creates uncertainty instead.
Get Guidance You Can Rely On
At West Coast Prenup, we focus exclusively on prenuptial and postnuptial agreements under California law. Our approach emphasizes careful drafting, legal precision, and individualized attention—so that each agreement reflects the unique goals and circumstances of the couple involved.
If you have questions about prenuptial agreements or want to understand whether a prenup makes sense for you, informed guidance can help you move forward with confidence.
