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We've answered the questions we hear most often from engaged couples considering a prenup. If you have additional questions, we're here to help.
Why do I need a prenuptial agreement?
A prenup provides clarity and protection for both partners. California is a community property state, meaning assets acquired during marriage are split 50/50 in divorce—regardless of who earned them. A prenup lets you define your own terms and protects pre-existing assets, businesses, and future inheritance.
Will a prenup make my partner think I don't trust them?
A prenup isn't about distrust—it's about transparency and planning. The most successful marriages have open conversations about finances and future goals. Think of it as a financial blueprint that protects both partners and removes uncertainty.
What happens if we don't have a prenup and get divorced?
Without a prenup, California's community property laws apply. All income, assets, and debts acquired during marriage are split 50/50, regardless of who earned them or whose name is on the account. A prenup allows you to define your own terms instead of relying on state defaults.
We don't have many assets now. Do we still need a prenup?
A prenup isn't just about current assets—it's about your financial future. It addresses future earnings, businesses you may start, inheritances you may receive, and debts you may incur. It's much easier to create these protections now than to wish you had them later.
From initial consultation to executed agreement, most couples complete the process in 2–4 weeks. We can provide first drafts within three business days of receiving all necessary information. The timeline depends on how quickly both parties can review and provide feedback.
Yes, prenups can address spousal support arrangements. You can agree to waive it entirely, set specific amounts, or establish conditions. However, California law requires these provisions to be fair and reasonable at the time of enforcement.
California law prohibits prenups from addressing child custody or child support—courts always decide these based on the child's best interests at the time of divorce. Prenups also cannot contain illegal provisions or waive rights to disclosure of assets.
My partner and I drafted our own prenup and just need independent counsel for a review. Can you help with this?
While we understand the appeal of DIY prenups, we're unable to review or edit self-drafted agreements. Here's why: California prenups require very specific legal language and must meet strict technical requirements that vary significantly from other states. Even popular services like Legal Zoom don't adequately address California's unique laws, and AI tools like ChatGPT can't capture the legal nuances necessary for an enforceable agreement.
In our experience, self-drafted prenups rarely meet California's legal standards, which means they risk being invalidated when you need them most. Instead of attempting to fix a document with potential fundamental flaws, we offer to draft a fresh, legally compliant prenup for our standard flat fee. This approach ensures both parties are properly protected under California law.
