Prenuptial Agreement in CA: Protecting Your Assets and Finances

Deciding to get married is an exciting time, full of love and hope for the future. However, it is also a time for practical considerations, such as protecting your assets and finances. That’s where a prenuptial agreement comes in. In this article, we’ll explore what a prenuptial agreement is, how it works in California, and why it may be a good idea for you.

What is a Prenuptial Agreement?

A prenuptial agreement, also known as a premarital agreement, is a legal document that is signed before a marriage. It outlines the rights and obligations of each spouse regarding their finances and assets. This includes how property will be divided in the event of a divorce, the division of any debts, and the determination of spousal support.

A prenuptial agreement can be as specific or as general as the couple wants, but it must meet certain legal requirements, such as being in writing and signed by both parties. It is important to note that a prenuptial agreement cannot include provisions about child custody or child support.

How Does a Prenuptial Agreement Work in California?

California is one of nine community property states in the US, which means that in the absence of a prenuptial agreement, all property acquired during the marriage is considered community property and is divided equally between the spouses during a divorce.

However, a prenuptial agreement can override these default rules. In California, a prenuptial agreement can:

– Specify which property is separate property and which property is community property

– Determine the rights and obligations of each spouse regarding spousal support

– Protect one spouse from the debts of the other spouse

– Outline the division of property and assets in case of divorce

Why Consider a Prenuptial Agreement in California?

There are many reasons why a couple may consider a prenuptial agreement, including:

– Protecting assets: If one spouse has significantly more assets than the other, a prenuptial agreement can protect those assets in the event of a divorce.

– Protecting a business: If one or both spouses own a business, a prenuptial agreement can ensure that the business is protected in case of a divorce.

– Clarifying financial expectations: A prenuptial agreement can help to establish a clear understanding of each spouse’s financial expectations during the marriage.

– Avoiding litigation: A prenuptial agreement can simplify the divorce process by outlining the terms of the divorce ahead of time, potentially avoiding lengthy court battles.


A prenuptial agreement is an important tool for protecting your assets and finances in case of a divorce. In California, a prenuptial agreement can override default community property rules and protect each spouse’s rights and obligations. Whether you have significant assets or a business, or simply want to establish clear financial expectations, a prenuptial agreement may be a good idea. Consider speaking with a family law attorney to discuss the best option for your situation.

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