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A prenuptial agreement is a smart and effective way to protect your hard-earned assets before you enter into a marriage contract. A prenup is a legally binding agreement that determines how you and your spouse will arrange the terms of a divorce should your marriage end. It is not a sign of one spouse having no faith in the relationship or the other spouse. It is a legal way to protect yourself and have peace of mind on your wedding day. Prenuptial agreements can be complicated. You must follow certain requirements to have a valid contract in California. Contact the trusted Marin County prenuptial agreement lawyers at Schoenberg Family Law Group, P.C. for expert guidance. Our firm has helped clients navigate family law cases in Marin County for nearly 20 years.
A prenuptial agreement is a legal contract two people enter into before they marry. It decides how a divorce will go should the relationship end. It is not a divorce contract and does not mean the couple plans on divorcing in the future. It protects the rights of one or both parties in the event of a dissolution of marriage. If the couple does divorce after signing a prenuptial agreement, the terms of the contract will automatically go into effect.
Not every couple needs a prenup, but any couple can create one – they are not just for wealthy and famous people. However, prenups are especially common among couples with complex or high-value assets they wish to protect, especially if one partner, rather than both, have valuable assets. A prenuptial agreement may be something you need if you are entering into a marriage in California with significant income, for example, and you wish to protect what you have from the state’s community property law during a divorce. This law divides all community property 50/50.
To create a valid prenuptial agreement in the state of California, you and your spouse must sign a written contract. A court will not uphold a verbal prenuptial agreement in California. You must adhere to the rules of California’s Uniform Premarital Agreement Act. This law requires a prenuptial agreement to contain only lawful terms. It needs a signature from a notary, as well as voluntary signatures from both spouses. This means without any duress, fraud, coercion or other issues forcing the spouse to sign. The spouse receiving the prenup legally has seven days to seek independent legal advice before signing.
Strict Structural Enforceability Under California Law: Under California Family Code Section 1615, the courts closely analyze the execution timeline of your prenuptial agreement. The party presented with the agreement must be given a full seven calendar days to review the final document and seek independent legal counsel before signing it; any material alteration to the contract terms instantly resets this mandatory seven-day window. Furthermore, if the agreement contains a waiver or limitation of future spousal support (alimony), California law strictly dictates that the party waiving that support must be represented by an independent attorney at the time of execution—otherwise, the alimony waiver is legally void from its inception.
Most prenuptial agreements focus on finances. In California, a prenup can cover the topics of property division, alimony, separate and community properties, assets, bank accounts, financial interests, retirement accounts, stocks and bonds, income and earnings, real estate, and debts. It can also devise rules for creating a will or trust, dividing death benefits among beneficiaries, and handling a life insurance policy payout.
Under California’s default family code rules, any asset purchased or income earned during a marriage is legally classified as community property, resulting in an automatic 50/50 split upon divorce. For affluent individuals in Marin County, a boilerplate online prenup template may fail to safeguard their financial realities. Our firm designs highly specialized, tailored premarital contracts that account for complex financial vectors, including:
A spouse cannot legally put certain things into a prenuptial contract. The law does not permit prenuptial agreements to include language regarding a spouse’s personal choices, for example, such as demanding a spouse to maintain a certain weight, produce boys or a specific number of kids, or make a minimum amount of money during the marriage. These are illegal terms that a court will not uphold during a prenuptial agreement case.
The courts also will not uphold any terms regarding the children of a marriage, including prenuptial custody arrangements or child support amounts. Since these matters involve the best interests of children, the courts will look at them objectively regardless of related language in a prenuptial contract. A judge will determine child custody and support based on the facts of the case, including the needs of the children and the incomes of both parents at the time of divorce.
Discuss whether a prenup is something you and your spouse could benefit from before getting married. If you decide you want this type of contract after you are already married, you can arrange a postnuptial agreement instead. The experienced family law attorneys at Schoenberg Family Law Group, P.C. assist clients with prenuptial and postnuptial agreements in Marin, California. Contact us for help with your prenuptial agreement today.
"I was seeking a reputable family law firm for my prenuptial agreement and received high praise for the Schoenberg Law Group. My attorney listened to my questions and responded to them very patiently. She also paid close attention all my concerns and made sure I was aware of the legal value of the agreement I was about to sign. It was…”
D.R.“It has been a real blessing to find this family law group in my life. I was in the middle of a custody battle with my ex wife and had a lawyer who had sided with my ex wife’s lawyer. I was faced with the option of paying to a regular lawyer to do half jobs with no results or to invest a bit more for a top family counselor who understood my situation and at the same time not giving me false hopes."
A.L."I hesitated filing papers for a long time because I was not sure if I could survive a long legal battle. When we were married, my husband worked while I raised the children, two under four years old, and I was afraid I would lose the stability they needed. I had a wonderful group of friends that helped me search for a reputable law firm that could represent me when my focus was on my children. They found the"
L.A.We are trial lawyers who litigate high-conflict, high-stakes cases. While we try to build on mediation efforts and exhaust opportunities for a negotiated agreement, emotions, egos and various other realities often force these disputes into court. It is critical to work with a firm that knows how to apply the law and the facts in your favor, whether in the courtroom or at the negotiating table.
Debra Schoenberg was named a Fellow of the American Academy of Matrimonial Lawyers (AAML)
Designated as a Certified Family Law Specialist by the State of California Board of Legal Specialization
Board-Certified Family Law Trial Specialist by The National Board of Trial Advocacy (NBTA)
One of California’s Top Family Lawyers for five consecutive years: 2022–2026
SFLG Voted #1 Family Law Firm in California for six consecutive years: 2021 - 2026
One of the Best Places to Work in the Bay Area by San Francisco Business Times
“My goal is to preserve your dignity and your humanity throughout what can be a very difficult and painful process, while at the same time achieving a favorable outcome on your behalf.”
Over 400 Years of Collective Family Law Experience
Debra R. Schoenberg
Owner & Founder
Lily Huang
Senior Associate
Kimia Kojouri
Associate
Miho Takarada
Senior Counsel
A prenuptial agreement will be declared invalid by a California judge if it is proven that a spouse was forced to sign under duress, fraud, or coercion. Additionally, an agreement can be voided if a party failed to provide a full, transparent disclosure of all financial assets and debts, violated the mandatory seven-day review period, or included an illegal clause regarding child custody.
No, a single attorney cannot legally or ethically represent both parties during the creation of a prenuptial agreement due to the inherent conflict of interest. To preserve the legal enforceability of the contract under California law, both prospective spouses must retain completely separate, independent legal counsel to review the terms and execute the document.
Yes, you can legally limit or completely waive spousal support in a California prenuptial agreement, but the court applies strict conditions to these waivers. For a spousal support waiver to stand, the party waiving their right must have been actively represented by independent legal counsel, and the provision cannot be deemed unconscionable by a family court judge at the time of enforcement.
It is highly recommended to finalize your prenuptial agreement at least two to three months before your wedding day. Because California enforces a strict, mandatory seven-day review period between the final draft presentation and the signing date, rushing the process right before the wedding can create vulnerabilities that expose the agreement to future claims of marital coercion.
A prenuptial agreement can explicitly waive or modify a "Moore-Marsden" claim, which occurs when community funds are used to pay the mortgage or improve a separate property home owned by one spouse prior to the marriage. A custom prenup can specify that all community contributions are considered a gift to the separate estate, preventing the non-owner spouse from acquiring a 50% share of the property's appreciation.
No, a prenuptial agreement cannot legally contain any terms, caps, or limitations regarding child support, child visitation, or child custody. California family law dictates that the court retains ultimate jurisdiction over children, and any decisions regarding their support or custody must be evaluated objectively based entirely on the child's best interests at the time of a divorce.
