Getting married in California? A prenuptial agreement lets you set clear expectations about property, debt, and (where allowed) support—so you’re not relying only on default state rules. In short: Cal. Family Code § 1615 outlines the enforceability tests. The 7-day rule was established by statute (after the case In re Marriage of Bonds, which prompted reforms).
Key points
- Prenups are recognized if they’re voluntary, in writing, and signed by both partners.
- A California prenup will be deemed unenforceable if the challenger proves any of the following: (1) they did not execute the agreement voluntarily; (2) the agre…
- California’s premarital agreements are governed by the California Family Code (Cal. Fam.
- This is a <strong>community‑property</strong> jurisdiction—your prenup can define what stays separate and how community property is handled.
Are prenups legal in California?
California’s premarital agreements are governed by the California Family Code (Cal. Fam. Code §§ 1610–1615), which adopted the UPAA with some state-specific enhancements. A prenup must be in writing and signed by both parties (no notarization required by statute, but in practice prenups are usually notarized in CA).
What makes a California prenup enforceable?
A California prenup will be deemed unenforceable if the challenger proves any of the following: (1) they did not execute the agreement voluntarily; (2) the agreement was unconscionable when executed and they were not provided a fair, reasonable disclosure (and did not waive disclosure) of the other party’s finances; (3) for any provision waiving spousal support, that they did not have independent counsel at signing (…
What you can—and can’t—include
California law explicitly prohibits any prenup terms that purport to affect child support or child custody – such terms are void and will be severed (Cal. Fam. Code §1612(b)). Parties can contract about property rights, business interests, estates and inheritances, and even spousal support (with the caveats above).
Simple process
Start early. California’s 7-day rule means the final draft of the prenup should be presented at least a week before signing if one or both parties are unrepresented – in practice, begin negotiations months in advance. Get attorneys if possible.
Next steps
General information only, not legal advice. Laws and cases change—consider speaking with a local attorney about your situation.
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