Updated September 16, 2026. This article has been revised for California readers.
A premarital agreement can give a couple a structured way to discuss financial expectations before marriage. Thoughtful planning may reduce uncertainty later, but an agreement is not a guarantee against conflict or a substitute for careful drafting and informed decisions.
Begin with a complete financial picture
Discuss assets, debts, income, and the questions each person wants the agreement to address. Business interests, anticipated inheritances, and financial responsibilities may warrant particular attention. Accurate disclosure and an organized record help counsel evaluate suitable provisions.
Understand what an agreement may cover
California law allows premarital agreements to address a range of property rights and obligations, including how certain property will be handled if the marriage ends. The wording should fit the couple’s circumstances rather than rely on a generic form.
Recognize the limits
An agreement cannot adversely affect a child’s right to support. Spousal-support provisions have special enforceability requirements, including rules involving independent counsel and fairness at enforcement. No document should be presented as allowing the couple to decide every future family law issue in advance.
Allow time for independent advice
Start well before the wedding. Each person should have an opportunity to obtain independent legal advice, understand the proposed terms, and consider changes. California execution and enforceability requirements deserve careful attention; a last-minute signature is not a sound planning strategy.
Connect the document to your broader planning
Ask how the agreement relates to property ownership and other financial or estate-planning documents. Keep a signed copy and the supporting records. If circumstances later change, obtain advice before attempting to revise the arrangement.
Discuss your goals
Our firm assists with premarital agreement questions in the context of California family law. A consultation can help identify the topics to address and the preparation needed for a thoughtful agreement.
California Family Code section 1612
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