California-licensed attorneys drafting prenuptial and postnuptial agreements for couples across the state. Flat-fee pricing, fully virtual process, and an experienced attorney managing your agreement from consultation through signing.
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California is a community property state, which means that without a prenuptial agreement, most assets and debts acquired during the marriage are owned equally by both spouses, regardless of who earned them or whose name is on the account. For couples with significant premarital assets, business interests, real estate, or unequal incomes, this default framework can create outcomes neither partner intended or would have chosen. A prenuptial agreement lets you replace California’s default rules with terms you and your partner actually agree on. California has adopted the Uniform Premarital Agreement Act (UPAA), codified in California Family Code §1600-1617. This provides a clear statutory framework for prenuptial agreements in the state, but it also includes specific procedural requirements that must be met for an agreement to be enforceable.
California law requires that at least seven calendar days pass between the time a party is first presented with the final agreement and the time it is signed. This is a hard requirement, not a guideline. An agreement presented and signed the same day, or signed with fewer than seven days of review time, is presumptively unenforceable in California. Planning ahead is essential.
California strongly presumes that each party should have their own independent attorney before signing. If a party does not have independent counsel, they must sign a specific written waiver in the language of their choice acknowledging that they were advised to obtain counsel and chose not to. Working with an attorney and giving your partner adequate time and opportunity to do the same is the most effective protection against a future challenge.
California prenuptial agreements can address the classification and division of community and separate property, debt allocation, spousal support terms, inheritance rights, treatment of business interests and equity, and the financial rights and responsibilities of both parties during the marriage.
A prenup cannot predetermine child custody or child support. California courts retain authority over these matters based on the best interests of the child. Spousal support waivers are scrutinized closely in California and must meet specific fairness standards at the time of enforcement to be upheld. Prenups also cannot include terms that are unconscionable or that were the product of fraud or duress.
Book a 30-minute consultation with a California-licensed prenup attorney. The $150 fee is credited toward your agreement if you move forward. We review your situation, answer your questions, and confirm the scope of your agreement.
Your attorney drafts a custom prenuptial agreement tailored to California law and your specific financial picture. California’s community property framework and UPAA requirements are built into the drafting from the start — not added as an afterthought.
California law requires at least seven days between when you receive the final agreement and when you sign it. We build this into your timeline from day one. Revisions and negotiation support are included in your flat fee.
We coordinate final execution of your agreement to meet California’s enforceability requirements. The entire process is completed online. No office visits required.
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For complex situations — business ownership, significant assets, or high net worth — Learn more about the Platinum Prenup →
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Our California practice is based in San Diego, and we serve couples across the state — Los Angeles, San Francisco, San Diego, Sacramento, San Jose, Oakland, Fresno, and everywhere in between. Every step of our process is completed online. You don’t need to travel to an office or coordinate in-person meetings. Your consultation happens on Zoom, your agreement is delivered electronically, and signing is coordinated remotely.
If you’ve searched for a “prenup attorney near me” in California — you’ve found one. The entire process happens on your schedule, from wherever you are in the state.
Rebecca Ritchey is a California-licensed attorney and a magna cum laude graduate of Thomas Jefferson School of Law. She focuses her practice on prenuptial and postnuptial agreements for California couples, with particular attention to how California’s community property laws affect financial planning before and during marriage.
Rebecca works with couples across California through Prenups.com’s fully virtual process, managing each agreement from the initial consultation through final execution.
Still have questions? Schedule a consultation →
A prenuptial agreement, also called a premarital agreement or prenup, is a legally binding contract signed by two people before they get married. It establishes how assets, debts, property, and financial matters will be handled during the marriage and in the event of divorce or death. In California, prenuptial agreements are governed by the Uniform Premarital Agreement Act (UPAA), codified in California Family Code §1600-1617.
Yes. California is one of nine community property states in the U.S. This means that most assets and debts acquired during the marriage are presumed to be owned equally by both spouses, a 50/50 split by default, regardless of who earned the income or whose name is on the account. Premarital assets generally remain separate property, but the line between separate and community property can blur during a long marriage without clear documentation. A prenuptial agreement allows couples to define these boundaries clearly and replace California’s default rules with terms they actually choose.
Yes. California courts enforce prenuptial agreements that comply with the UPAA’s requirements. To be enforceable, a California prenup must be in writing, signed by both parties before the marriage, entered into voluntarily, supported by fair and reasonable financial disclosure, and executed with at least seven days between presentation of the final agreement and signing. Courts will also examine whether both parties had adequate opportunity to consult with independent counsel.
California Family Code §721 and the UPAA require that at least seven calendar days pass between the date a party is first presented with the final prenuptial agreement and the date it is signed. This is a mandatory waiting period designed to ensure both parties have adequate time to review the agreement without pressure. An agreement signed with less than seven days of review time is presumptively involuntary and faces a high risk of being found unenforceable in California. Planning your prenup timeline with the 7-day rule in mind is essential.
California law strongly presumes that each party should have independent legal counsel before signing a prenuptial agreement. If a party proceeds without their own attorney, they must sign a specific written waiver, in the language of their choice, acknowledging that they were advised to obtain independent counsel and chose to waive that right. Having separate attorneys for both parties is the most effective protection against a later challenge on grounds of duress or inadequate representation. At Prenups.com, we represent one party and are happy to refer your partner to independent California-licensed counsel.
At Prenups.com, prenuptial agreements in California are priced at a flat fee of $3,500. Postnuptial agreements are $4,500. The flat fee covers the full process: consultation, custom drafting, revisions, and signing and notarization coordination. If the other party has their own attorney and active negotiation is involved, the Negotiated tier applies at $5,000 for prenups and $6,500 for postnups. For complex situations involving significant assets, business ownership, equity compensation, or high net worth circumstances, our Platinum Prenup service starts at $10,000 (postnups from $13,000). There is no hourly billing at any tier.
Most couples complete the process in two to three weeks from the initial consultation. California’s mandatory 7-day waiting period is built into that timeline – we present the final draft with enough runway to meet the requirement. We recommend starting the prenup process at least 30 days before the wedding. Rushing the timeline in California is one of the most common reasons agreements get challenged.
California prenuptial agreements can address: the classification of separate versus community property; treatment of premarital assets, debts, and future earnings; spousal support terms; inheritance rights; business interests, equity, and future appreciation; investment accounts, real estate, and retirement assets; and the financial rights and responsibilities of both parties during the marriage.
Yes, with important caveats. California allows prenuptial agreements to limit or waive spousal support, but courts scrutinize these provisions carefully at the time of enforcement. A spousal support waiver that was fair at the time of signing may be found unenforceable if circumstances have changed dramatically – for example, if enforcing it would leave one spouse dependent on public assistance. Drafting spousal support provisions in a California prenup requires careful attention to long-term fairness, not just current circumstances.
A California prenuptial agreement cannot predetermine child custody or child support – courts retain authority over these matters based on the best interests of the child at the time of any future proceeding. Prenups also cannot include terms that are unconscionable, that were the product of fraud or duress, or that were signed without adequate financial disclosure.
Yes. California’s community property rules create real exposure for business owners. Without a prenup, a spouse may have a community property claim to business income earned during the marriage, and potentially to appreciation in the business’s value. A well-drafted California prenuptial agreement can establish that your business remains separate property, that future appreciation is excluded from the community estate, and that your partner has no ownership claim in the event of divorce. For founders and entrepreneurs, this is often the most important part of the agreement. Our Platinum Prenup service is built for situations involving complex business interests or significant assets.
Yes, with one key difference: a postnuptial agreement is signed after the marriage has already taken place. California recognizes postnuptial agreements under Family Code §721, though courts apply heightened scrutiny to them because spouses owe each other a fiduciary duty. If you’re already married and want to establish or update the financial terms of your marriage, a postnuptial agreement is the right tool — and the process is similar to a prenup. Postnuptial agreements at Prenups.com are $4,500 flat fee.
Download the free Modern Couple’s Guide to Prenups — a plain-language guide to what a prenup is, what it covers, and how to think about it before you get married.
Schedule a 30-minute consultation with a California-licensed prenup attorney. Flat-fee pricing, fully virtual process, no surprises.
