Premarital Agreement Attorney in California

What Is a Premarital Agreement?

A premarital agreement — commonly called a prenuptial agreement or "prenup" — is a written contract between prospective spouses that establishes how property and financial matters will be handled during the marriage and in the event of divorce, separation, or death. In California, premarital agreements are governed by the Uniform Premarital Agreement Act (California Family Code §721 et seq.).

Premarital agreements can address a wide range of financial matters, including the characterization of assets as separate or community property, spousal support obligations, property division upon divorce, and protections for business interests and inheritance rights.

Why Consider a Premarital Agreement?

Premarital agreements are not just for the wealthy. They are appropriate for anyone who:

• Owns a business or professional practice
• Has significant separate property or an inheritance they wish to protect
• Has children from a prior relationship and wishes to protect their inheritance
• Has significantly different assets or income than their prospective spouse
• Wants to establish clear financial expectations before marriage
• Is remarrying and wants to protect assets for children from a prior marriage

Requirements for a Valid California Premarital Agreement

For a premarital agreement to be enforceable in California, it must meet specific requirements under Family Code §721 and §1615:

• The agreement must be in writing and signed by both parties
• Both parties must have had adequate time to review the agreement — at least seven days between receiving the final agreement and signing
• Both parties must have had the opportunity to consult with independent legal counsel
• The agreement must not be the product of fraud, duress, or undue influence
• The financial terms must not be unconscionable at the time of signing

If You Have Been Asked to Sign a Premarital Agreement

If your prospective spouse has presented you with a premarital agreement, you must have independent legal review before signing. The attorney who drafted the agreement represents the other party's interests — not yours. Denise Furubotten and her team can review any proposed agreement, explain what you are agreeing to, identify any terms that may be unfavorable or unenforceable, and negotiate modifications on your behalf.

Drafting Premarital Agreements

Furubotten Law, APC drafts premarital agreements that are carefully tailored to each client's specific circumstances and goals — and that are structured to withstand legal challenge. Our approach emphasizes clarity, fairness, and compliance with California's stringent requirements for enforceability.

Last reviewed: May 2026 · Author: Denise Furubotten, Esq.