Prenuptial Agreements
Drafting, reviewing, and negotiating California prenuptial agreements — a proactive way to clarify financial expectations before marriage.
What you should know
A prenuptial agreement is more than a legal formality — it’s a practical tool for couples to clarify financial expectations before marriage. A thoughtfully drafted prenup can simplify difficult conversations, protect family assets, and provide peace of mind.
From our Folsom office, we help clients across Sacramento, Placer, El Dorado, and Amador Counties draft, review, and negotiate prenuptial agreements that meet California’s strict enforceability requirements.
Common situations
A prenuptial agreement makes sense in a wide range of circumstances.
Significant Separate Property
Entering marriage with substantial separate assets, savings, real estate, or investments that you want to keep clearly separate.
Bringing a Business
If you own a business or professional practice, a prenup can prevent the operations and growth of that business from becoming an issue in a future divorce.
Children From Prior Relationships
Remarrying with children from a previous relationship — a prenup helps protect inheritance and ensures both families are accounted for.
Anticipated Inheritances
If you expect a future inheritance, a prenup can clarify how that asset will be treated when received.
Defining Spousal Support
California allows parties to define spousal support obligations in advance — subject to specific procedural requirements.
Pre-Marital Debt
A prenup can clarify how each spouse’s pre-marital debt will be handled and ensure one spouse isn’t saddled with the other’s past obligations.
California is strict
For a court to enforce a prenup, several requirements must be met:
Full Disclosure. Both parties must provide a fair, reasonable, and full disclosure of all assets and debts.
The 7-Day Rule. Each party must be given at least seven calendar days between receiving the final agreement and signing it.
Independent Counsel. If the agreement affects spousal support, the party waiving or limiting spousal support must be represented by their own independent attorney.
Voluntary Execution. The agreement must be signed voluntarily — without duress, coercion, or fraud.
We can guide you through each requirement, help make sure your agreement is tailored to your specific needs, and structure the negotiation to maximize the likelihood that the agreement holds up later if it’s tested.
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Across the region
Scharf Law, P.C. is based in Folsom and serves families throughout the greater Sacramento region.
Common questions about prenuptial agreements
Are prenuptial agreements enforceable in California?
Yes, when they meet the requirements of the Uniform Premarital Agreement Act, Family Code Section 1600 and following. The agreement must be in writing and signed by both parties, entered into voluntarily with full disclosure, and cannot be unconscionable. Agreements that skip the procedural safeguards are the ones most often set aside.
Is there a waiting period before signing a prenup?
Yes. Family Code Section 1615 requires that each party receive the final agreement at least seven calendar days before signing it. Each party must also have independent counsel or expressly waive counsel in a separate signed writing, and must be advised in writing of the rights they are giving up.
Can a prenup waive spousal support?
Only within limits. A spousal support waiver is unenforceable if the party against whom it is enforced did not have independent counsel when signing, or if the provision is unconscionable at the time of enforcement. Child support and child custody can never be limited by a prenuptial agreement.
What can a prenuptial agreement cover?
Which assets remain separate property, how income and property acquired during the marriage will be characterized, how a business will be treated, responsibility for debts, spousal support (within the limits above), and what happens to property at death. It cannot govern custody, child support, or anything that violates public policy.
We are already married. Is it too late?
No. Married couples can sign a postnuptial (marital) agreement. Because spouses owe each other fiduciary duties, postnuptial agreements are reviewed more strictly than prenups, so independent counsel for each spouse and full financial disclosure are especially important.
General information about California law, reviewed by attorney Taryn M. Scharf (CA State Bar #244097), Scharf Law, P.C., Folsom, CA. It is not legal advice for any specific situation. Ask about your case or call (916) 782-3900.
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Scharf Law, P.C. — 2330 E Bidwell St, Suite 110, Folsom, CA 95630-3897
— (916) 782-3900
Taryn M. Scharf, Esq. — CA State Bar #244097
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