We understand that every couple’s situation is unique. Whether you’re entering your first marriage, bringing children from previous relationships, or managing complex business interests, a well-crafted agreement addresses your specific needs. Our approach focuses on creating fair agreements that both partners feel good about signing.
This Page Will Guide You Through:
- How California law governs marital agreements
- The legal requirements for enforceable agreements
- The agreement process and important timing requirements
- What can and cannot be included in your agreement
- Benefits that protect both partners’ interests
A properly executed prenuptial or postnuptial agreement builds a foundation of trust through transparency. These agreements clarify financial expectations, protect family assets, and address important matters while you’re working together as partners.
At Neinas Smolina APC, we help couples create agreements that protect what matters most while fostering open communication about finances. Our experienced attorneys guide you through each step with sensitivity and professionalism.
To get answers about your specific situation from our experienced San Diego prenuptial and postnuptial agreement lawyers, call (619) 517-2821.
Common Concerns About Prenuptial Agreements in San Diego
You might worry that asking for a prenuptial agreement will damage your relationship or signal that you don’t believe in your future together. This concern often keeps couples from having important financial conversations. The reality is that avoiding these discussions doesn’t protect your relationship—it leaves you unprepared if circumstances change.
Without a marital agreement, California’s community property laws automatically apply. This means assets acquired during marriage are typically split 50/50, regardless of who earned them. We’ve seen family businesses built before marriage become partially owned by ex-spouses, and inherited property become subject to division.
The good news is that creating an agreement together actually strengthens relationships. Rather than leaving important matters to chance or court decisions, you’re making thoughtful choices as a team while you’re united in purpose.
Understanding Prenuptial and Postnuptial Agreements in San Diego County
Prenuptial and postnuptial agreements are legally binding contracts between spouses that establish financial rules for their marriage. A prenuptial agreement (or “prenup”) is signed before marriage, while a postnuptial agreement (or “postnup”) is created after you’re already married. Both serve the same purpose: defining how property, debts, and financial matters will be handled during marriage and if the relationship ends.
California’s community property system makes these agreements particularly valuable. Without an agreement, California law presumes that most assets acquired and debts incurred during marriage belong equally to both spouses—regardless of who earned the money or whose name is on the title. This means your business growth, retirement contributions, and even some inheritance improvements could become joint property subject to 50/50 division.
Marital agreements allow you to modify these default rules. Under California’s Uniform Premarital Agreement Act (Family Code §§1600-1617), couples can create their own framework for financial matters. You might keep certain property separate, define how future earnings will be characterized, or establish support arrangements that reflect your specific situation.
Common situations where San Diego couples benefit from these agreements include business owners protecting their separate ventures from becoming community property, partners entering second marriages who want to preserve assets for children from prior relationships, individuals with significant separate property or family wealth, and couples who simply want clear financial expectations. Even young professionals often create agreements to address student loans or future earnings.
The process requires transparency and good faith from both partners. California law demands full financial disclosure, independent legal representation, and specific procedural safeguards. This collaborative approach helps ensure agreements are fair and enforceable while strengthening financial communication between partners.
California’s Legal Requirements for Prenuptial Agreements
California law sets strict requirements for valid prenuptial agreements to protect both parties from unfair arrangements. Understanding these requirements helps ensure your agreement will stand up in court if ever needed.
The Seven-Day Rule
The most important requirement is California’s seven-day rule. Since January 2020, the final version of your prenuptial agreement must be provided to each party at least seven calendar days before signing. This review period prevents last-minute pressure and gives both partners time to review terms carefully with their attorneys. The clock starts when you receive the final document, not drafts or preliminary versions.
Voluntary Agreement Without Pressure
Your agreement must be truly voluntary. California courts will invalidate agreements signed under pressure, fraud, or duress. Red flags include signing the day before your wedding, threats to cancel the ceremony without a signature, or hiding important information. Both parties must enter the agreement freely, with full understanding of what they’re signing.
Full Financial Disclosure
Full financial disclosure forms the foundation of any valid agreement. Both partners must honestly share all assets, debts, income, and property holdings. This includes bank accounts, real estate, business interests, retirement accounts, credit card debt, student loans, and expected inheritances. Hiding assets or providing incomplete information can void the entire agreement.
Independent Legal Representation
The agreement must be in writing and signed by both parties—verbal promises about property aren’t enforceable. While notarization isn’t legally required, it’s highly recommended as proof of identity and voluntary signing.
Postnuptial agreements face even higher scrutiny. Once married, spouses owe each other the highest duty of good faith and fair dealing under California Family Code §721. This fiduciary relationship means courts examine postnups carefully for any unfair advantage or hidden information. Both parties must have actual knowledge of the agreement’s terms and genuinely consent to the arrangement.
How the Prenuptial Agreement Process Works in San Diego County
Creating a prenuptial agreement requires thoughtful planning and shouldn’t be rushed. Starting the process two to three months before your wedding provides adequate time for discussions, negotiations, and meeting California’s legal requirements without adding stress to wedding planning.
Step 1: Initial Discussion and Goal Setting
The process begins with an open discussion between partners about financial goals and expectations. This conversation covers what property each person brings to the marriage, how you’ll handle future earnings, what happens to business interests, and how you’d like to manage debts. These early discussions help identify what matters most to each partner before involving attorneys.
Step 2: Hiring Independent Attorneys
Next, each partner should hire their own family law attorney. Having separate lawyers ensures both parties receive independent advice about their rights and the agreement’s implications. Your attorney will explain how California’s community property laws would apply without an agreement and help negotiate terms that protect your interests while remaining fair to both parties.
Step 3: Financial Disclosure and Documentation
Financial disclosure comes next. Both partners gather comprehensive documentation including bank statements, investment accounts, real estate deeds, business valuations, retirement account statements, tax returns, and debt obligations. California law requires complete transparency—each person must fully understand the other’s financial position before agreeing to modified property rights.
Step 4: Drafting and Negotiation
Your attorneys then draft the agreement based on your discussions and disclosed finances. This draft typically goes through several revisions as both sides negotiate specific terms. The collaborative approach focuses on creating a fair arrangement both partners feel comfortable signing. Complex situations involving businesses, multiple properties, or substantial assets naturally require more negotiation time.
Step 5: Final Review and Signing
Once terms are finalized, California’s seven-day review period begins. Each party must receive the final agreement at least seven days before signing—no exceptions. Use this time to review everything carefully with your attorney and ensure you understand every provision.
Finally, both parties sign the agreement, ideally before a notary public. While notarization isn’t required, it provides additional evidence of voluntary execution.
Timeline Considerations
Timeline varies by complexity. Straightforward agreements with modest assets might take three to four weeks. Complex agreements involving business valuations or extensive negotiations could require two to three months.
If your wedding is imminent and you haven’t started the process, you have two options: postpone the ceremony or plan for a postnuptial agreement after marriage. Never rush to sign just to meet a wedding date. Agreements signed under time pressure often fail court scrutiny.
To get answers about your specific situation from our experienced San Diego prenuptial agreement lawyers, call (619) 517-2821.
What Makes Prenuptial Agreements Enforceable in California Courts
California courts carefully review prenuptial agreements to ensure fairness and legal compliance. Understanding what makes agreements enforceable—or vulnerable to challenge—helps you create a document that will hold up if ever needed.
Courts Will Enforce Agreements That:
- Meet all procedural requirements – Including the 7-day review period, written form, and proper signatures
- Are fair and reasonable – Terms must be fair when signed, not necessarily when enforced
- Comply with public policy – Cannot include illegal terms or provisions against public interest
- Were entered voluntarily – Both parties understood and freely agreed without pressure
Courts May Invalidate Agreements With:
- Unconscionable terms – Grossly unfair provisions that shock the conscience
- Hidden assets or incomplete disclosure – Any failure to fully reveal financial information
- Evidence of coercion or duress – Threats, ultimatums, or signing under extreme pressure
- Child custody or support terms – Courts retain sole authority over children’s best interests
- Divorce incentives – Bonuses for filing or provisions encouraging marital breakdown
Special Considerations
Spousal support waivers require extra scrutiny under California Family Code §1612. For a support waiver to be enforceable, both parties must have had independent counsel, and the provision cannot be unconscionable at the time of enforcement. Courts may refuse to enforce support waivers that would leave one spouse destitute.
Postnuptial agreements face heightened review because spouses already owe each other fiduciary duties. Courts examine these agreements more carefully for any unfair advantage or breach of the trust relationship between married partners. The agreement must benefit both spouses and be based on full disclosure with genuine consent.
Your Rights and Options in California Marital Agreements
California law gives couples broad freedom to customize their financial arrangements through marital agreements. While you have many options for structuring your agreement, certain limitations exist to protect public policy and children’s interests.
What You Can Include
You have the right to address virtually any financial matter in your agreement:
Property rights – Define which assets remain separate property and which become community property. You can override California’s default 50/50 rules.
Business protections – Keep your business and its future growth as separate property, specify valuation methods, or define buyout terms.
Support arrangements – Set spousal support amounts, duration, or waivers (subject to court review for fairness).
Debt responsibility – Assign existing debts to one spouse and determine how future debts will be handled.
Estate planning – Coordinate with wills and trusts, protect inheritance rights, or ensure family heirlooms stay separate.
Legal framework – Choose which state’s laws govern your agreement if you relocate.
Important Limitations
California law prohibits certain provisions to protect vulnerable parties. You cannot include terms about child custody or child support—courts always retain authority to decide what’s best for children at the time of divorce. Illegal provisions or those against public policy won’t be enforced. Despite popular belief, fidelity clauses have no legal effect in California’s no-fault divorce system.
Alternative Approaches
If a traditional prenup doesn’t fit your timeline or situation, consider these options. Postnuptial agreements work well when circumstances change after marriage—new business ventures, inheritances, or financial shifts. Mediation offers a collaborative approach where both parties work with a neutral mediator to craft fair terms. Some couples choose limited-scope agreements addressing only specific assets or situations rather than comprehensive financial arrangements.
To get answers about your specific situation from our experienced San Diego prenuptial and postnuptial agreement lawyers, call (619) 517-2821.
Take the Next Step
With prenuptial and postnupial agreements, what might feel like an uncomfortable conversation can become an opportunity to build trust and transparency with your partner when approached correctly.
Remember these key points:
- California’s specific legal requirements must be followed exactly for your agreement to be valid
- Both partners benefit when financial expectations are clear from the start
- Professional legal guidance protects both of you and ensures your agreement will hold up if needed
- Starting the process early eliminates pressure and allows time for thoughtful decisions
Creating a marital agreement together demonstrates maturity and mutual respect. Rather than avoiding financial discussions, you’re tackling them head-on as a team. This open communication often strengthens relationships by eliminating uncertainty and establishing shared expectations.
Your next step is scheduling a consultation to discuss your specific situation. We’ll help you understand how California law applies to your circumstances and guide you through creating an agreement that works for both partners. Whether you’re planning your first marriage, entering a second marriage with children, or bringing significant assets to the relationship, we’ll ensure your agreement reflects your unique needs.
Call us today on (619) 517-2821.
Common Questions About Prenuptial Agreements in San Diego County
Do prenuptial agreements mean we’re planning to divorce?
Not at all. Think of a prenup like insurance—you hope never to need it, but it provides peace of mind. Creating an agreement actually strengthens relationships by encouraging honest financial discussions and eliminating uncertainty about expectations.
How much does a prenuptial agreement cost in San Diego?
Simple agreements typically cost $3,000-$5,000 total in San Diego. Complex agreements involving businesses, multiple properties, or extensive negotiations can range from $10,000-$15,000. This investment protects potentially hundreds of thousands in assets and saves significant costs compared to litigated divorces.
Can we create our own prenuptial agreement without lawyers?
While legally possible, DIY agreements often fail California’s strict requirements. Missing the 7-day rule, incomplete disclosure, or improper waivers can invalidate your entire agreement. Professional guidance ensures your agreement meets all legal requirements and will be enforceable when needed.
What happens if we don’t meet the 7-day requirement before our wedding?
The agreement becomes invalid and unenforceable. California courts strictly enforce this rule with no exceptions. If your wedding is less than seven days away, you must either postpone the ceremony or wait until after marriage to create a postnuptial agreement.
Can a prenuptial agreement be changed after marriage?
Yes, couples can modify their prenup or create a new postnuptial agreement anytime during marriage. Changes require the same formalities as the original: written agreement, full disclosure, and signatures from both spouses. Many couples update agreements when circumstances change significantly.
