Do You Need a Lawyer for a Prenup in California? 2025
By Stephane Quinn | By Quinn & Dworakowski LLP |Prenuptial agreements are a legally binding way to set the terms of a potential divorce. While some believe these agreements are unnecessary in a committed relationship, others find that the transparency and conversations involved in the prenup process can actually strengthen a marriage. Early on, you may wonder, “Do you need a lawyer for a prenup in California?” The process can be legally complex, and the answer may surprise you.
Understanding Prenups in California
Prenuptial agreements are legally binding in all 50 states. Creating a prenup is an important step for couples who are getting ready to marry. While it is legally possible to draft a prenup without hiring an attorney, working with a lawyer is strongly recommended as a means of ensuring the agreement is valid, enforceable, and meets all legal requirements.
Prenuptial agreements in California are governed by the Uniform Premarital Agreement Act (UPAA). Any mistakes that do not conform to the law can lead to the agreement being thrown out in court. A lawyer can ensure that the parties to the agreement understand the terms of the prenup and choose to sign it voluntarily.
These types of agreements are increasingly popular. A 2023 Harris Poll conducted for Axios found that 50% of U.S. adults are open to signing a prenup. Couples today often recognize that setting expectations is a responsible part of building a future together. The financial realities of the values of homes make these types of agreements especially important in California, where the median home value in California is approximately $713,748.
Potential Problems if You Write Your Own Prenuptial
Writing your own prenuptial agreement may seem like one way of saving money, but doing so carries major risks. There were 114,238 marital filings (dissolutions, legal separations, and nullities) in fiscal year 2020-2021. California’s divorce rate stands at approximately 6.9 per 1,000 women aged 15 and older, highlighting how common divorce proceedings are.
California’s family courts closely scrutinize prenups for fairness, full disclosure, and voluntary execution. If one party fails to fully disclose their assets and debts to the other future spouse, this could invalidate the agreement. Neither party can be coerced into signing the agreement.
If a questionable prenup does end up being examined during a divorce, it would likely be combed over carefully at a courthouse like Orange County’s Lamoreaux Justice Center, located at 341 The City Drive South, which is near UC Irvine Health.
Why Prenups Are Often Drafted by an Attorney
Having a lawyer present during every stage of the prenup draft process ensures that the legal document meets the UPAA’s standards and protects the rights of both parties. A properly drafted and executed prenup should include full financial disclosures and clear language that a court would understand. Any vague language could undermine the document’s validity.
A carefully worded prenup can provide the foundation for a lasting marriage by ensuring both parties understand their financial rights and responsibilities before entering into marriage. In California, unless a valid prenup states otherwise, assets and debts acquired during the marriage are considered community property and may be divided equally in the event of divorce.
FAQs
Do I Need a Lawyer for a Prenup in California?
In California, it is highly recommended to have independent legal counsel when signing a prenuptial agreement. Without a lawyer, certain provisions may be deemed unenforceable under state law. If both parties do not have separate attorneys, the court may scrutinize the agreement more closely. Securing proper legal advice can ensure the prenup complies with California’s Family Code and stands up in future disputes.
When Is a Prenup Unenforceable in California?
A prenup is unenforceable in California if the agreement was signed under duress, without full financial disclosure, or without proper legal counsel. In any of these cases, a court may invalidate some or all terms. Provisions that are unconscionable at the time of enforcement, such as waiving spousal support in an unfair manner, can be struck down. Following the procedural safeguards outlined in California’s Family Code is critical to ensure a prenup is legally binding.
Can I Draft My Own Prenup in California?
You can draft your own prenuptial agreement in California, but doing so without legal guidance risks serious enforceability problems. Prenups must meet strict legal requirements, including full disclosure, fairness, and proper execution. Mistakes can cause the entire agreement to be invalidated. Working with an attorney to review and finalize the terms ensures that the document will be legally recognized by California courts.
How Much Does It Cost to Get a Prenup Drafted in California?
The cost of drafting a prenup in California depends on the complexity of the assets involved and the level of negotiation required. Costs may increase if extensive revisions or separate counsel are needed. Rather than focusing solely on the expense, it is crucial to prioritize creating a legally sound agreement that protects your interests and meets California’s strict legal standards for enforcement.
Is It Worth Getting a Prenup in California?
A prenuptial agreement can be worth it in California if you have significant assets, business interests, or concerns about protecting personal property. A well-drafted prenup can reduce conflict in the event of divorce and provide clarity about financial expectations. Considering California’s community property laws, creating a prenup often provides valuable protection and peace of mind for both spouses entering marriage.
Protect Your Future With Quinn & Dworakowski, LLP
Drafting a prenuptial agreement in California involves strict legal requirements that must be met to ensure the agreement is enforceable. While it is possible to create a prenup without a lawyer, doing so can leave you vulnerable to mistakes that could invalidate the very protections you are seeking. Working with experienced counsel helps safeguard your interests and ensures the agreement complies with all necessary standards.
At Quinn & Dworakowski, LLP, our family law attorneys are ready to help you prepare a prenuptial agreement that supports your goals. We can tailor our strategies to your needs while keeping your future security as our central focus. Contact our office today to schedule a consultation.
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