Can You Write Your Own Prenup in California? 2025
By Stephane Quinn | By Quinn & Dworakowski LLP |A prenuptial agreement can be one of the most important legal documents you sign before marriage. These binding agreements can be especially important for individuals with significant assets or debts. If you are preparing to tie the knot in the Golden State, you may be wondering if you can write your own prenup in California. Read on to learn whether a self-drafted prenup will ultimately hold up in court.
Understanding the California Uniform Premarital Agreement Act
California law allows couples to draft their own prenuptial agreements, but doing so without oversight could lead to problems if you do not have a thorough understanding of the California Uniform Premarital Agreement Act (UPAA). A prenup must be in writing, signed voluntarily, and contain full disclosure of assets and debts. It should be signed at least seven days after the final draft is presented.
If you draft and execute your own prenup, it must avoid terms that could lead it to be tossed out in court. If you do not have legal representation, you draft the agreement with missing clauses, skipped disclosures, and other costly mistakes. Hiding assets and not fully disclosing them could lead to the agreements being found void later on. During a contested divorce, these documents could be heavily scrutinized for any errors that could invalidate the prenup.
California’s High-Income Households Make Prenups More Important Than Ever
Between 2019 and 2021, California saw a 66% increase in residents earning over $1 million annually, even while the state’s population declined. With more people building wealth, especially in regions like Los Angeles and Silicon Valley, protecting that income through a well-crafted prenup has become more common. This is particularly important in relationships where one party brings significantly more financial assets into the marriage.
High-income couples may want to clarify how property, investment accounts, real estate, or even intellectual property will be divided in the event of divorce. While a do-it-yourself prenup may seem tempting, it’s rarely worth the risk when large sums are involved. In these cases, hiring a legal professional to either draft or review the agreement is the safer option.
Divorce Remains a Statistical Reality in California
As of 2023, California’s divorce rate was 7.45%, meaning 75 of every 1,000 people in the state were divorced. Orange County has one of the highest divorce rates in the country. While this is lower than many other states, it still represents a substantial number. No one gets married thinking that they will end up getting divorced, but it is a statistical reality in the Golden State. A prenup cannot prevent divorce, but it can reduce the emotional and financial strain associated with divorce.
Many couples assume that only the wealthy need prenups, but even moderate-income individuals can benefit. For example, if one spouse owns a home in their name before marriage, a prenup can help keep that property separate. For many marriages, a prenup can add transparency, which can ultimately allow both parties to strengthen their marriage.
How Legal Review Can Strengthen Your Prenup
Even though you’re legally allowed to write your own prenup in California, doing so could be a costly mistake. Judges in different counties could interpret clauses differently, especially in high-asset areas like Los Angeles County, where cases are often heard at the Stanley Mosk Courthouse, located at 111 North Hill Street. Having a prenup reviewed by someone who is familiar with regional court tendencies can reduce the risk of your agreement being challenged.
If you live in California and are considering marriage, investing time and effort into a valid, enforceable prenuptial agreement can provide long-term peace of mind. Whether you’re in tech-rich Palo Alto or anywhere else in the state, financial protection starts with getting it right the first time.
FAQs
Do You Need a Lawyer for a Prenup in California?
California does not legally require both parties to have lawyers, but independent legal counsel is strongly advised. If one person waives counsel, that waiver must be signed and documented. Without legal guidance, a prenup may be challenged later. Courts often view attorney involvement as proof that both parties understood the agreement’s terms and consequences before signing.
What Are Common Mistakes People Make When Writing Prenups?
One common mistake people make when writing a prenup is a failure to fully disclose assets or debts. If one or both parties hide financial information from their partner, this deception could lead to the agreement being invalidated. Both parties must fully disclose their finances, and everything should be accurately reflected in the prenuptial agreement.
Can You Write a Prenup Yourself?
Yes, you can draft a prenup on your own in California, but the agreement must meet strict legal standards to be enforceable. It must be voluntary, in writing, and signed by both parties. Each side must fully disclose its finances. Even if your prenup is self-drafted, courts may reject it if it appears unfair, incomplete, or created under pressure without proper review.
Can You Write Your Own Prenup and Get It Notarized?
Yes, but notarization alone does not make a prenup valid. While notarization can help to confirm signatures, California courts will still examine whether the agreement was voluntary, informed, and fair. Both parties must disclose all financial information and have time to review the terms. Legal enforceability depends more on proper process than on having the document notarized.
What Makes a Prenup Invalid in California?
A prenup may be invalid if it was signed under pressure, lacks full financial disclosure, or is extremely one-sided. California law also requires a seven-day waiting period between when the final version is presented and when it is signed. If either party did not understand the terms or did not sign voluntarily, the court may refuse to enforce it.
Schedule Your Prenup Consultation Today
If you’re considering a prenuptial agreement before marriage, now is the time to get experienced legal guidance. At Quinn & Dworakowski, LLP, we help clients throughout Orange County draft, review, and finalize prenups that protect their financial future and stand up in court.
Whether you have significant assets, own a business, or want to clarify financial expectations, we can help you create a valid and enforceable agreement. Schedule your prenuptial consultation today to ensure your rights are protected before saying “I do.”
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