Prenuptial Agreements
As the definition of marriage evolves, so does the way couples plan for their future. In today’s world—where people marry later, bring assets into relationships, blend families, or maintain separate careers—prenuptial agreements (or “prenups”) are becoming an increasingly common and smart legal tool.
At Enright Family Law, we support modern families in San Diego by helping them build strong legal foundations. Whether you’re entering a marriage with substantial assets, have children from a prior relationship, or simply want clarity and fairness in your partnership, a well-drafted prenuptial agreement can protect your rights and reduce future conflict. Contact in offices in San Diego and Bellevue.
What Is a Prenuptial Agreement?
A prenuptial agreement is a legal contract entered into by two individuals before they get married. It outlines how assets, debts, income, and other financial matters will be handled in the event of divorce, legal separation, or death.
Prenups can also address other issues such as:
- Spousal support (alimony)
- Division of business interests
- Real estate ownership
- Inheritance rights
- Financial responsibilities during the marriage
While they often carry a reputation of distrust, in reality, prenuptial agreements are about mutual respect and planning. Just like an estate plan, they are a proactive measure to protect both parties in uncertain situations.
Why More Modern Couples Are Choosing Prenups
Today’s couples are rewriting the rules of marriage. Many people enter marriage later in life, with established careers, real estate, or prior obligations. Others marry for the second time or bring children from earlier relationships into the new union.
Prenuptial agreements are especially useful for:
- Entrepreneurs and business owners
- Professionals with retirement accounts or real estate
- Couples with significant income differences
- Individuals with debt or student loans
- Blended families concerned about protecting children’s inheritance
Rather than being seen as a sign of mistrust, prenups are now viewed as a practical step toward transparency and fairness—one that supports the long-term health of the relationship.
What Can and Cannot Be Included in a California Prenup
California law allows for broad flexibility in prenuptial agreements, but there are limits.
What You Can Include:
- Division of property acquired before or during the marriage
- Responsibility for debts
- Rights to spousal support (as long as the waiver is fair and voluntarily agreed to)
- Provisions for separate bank accounts, investments, or inheritances
- Rights and responsibilities relating to a business
- How future earnings and income will be treated
What You Cannot Include:
- Child custody or child support decisions
- Anything that encourages divorce
- Unfair or coercive terms
- Non-financial matters (e.g., chores, lifestyle clauses)
It’s also important that prenups are not signed under pressure or close to the wedding date. California law requires that both parties have enough time to review, seek legal counsel, and consider the terms.
Legal Requirements for a Valid Prenup in California
For a prenuptial agreement to be enforceable in California, it must meet certain legal standards:
- Voluntary Agreement Both parties must enter into the agreement willingly, without coercion or manipulation.
- Full Disclosure Each party must fully disclose their assets, debts, and income. Failure to do so can render the prenup invalid.
- Independent Legal Counsel While not legally required, it’s strongly recommended (and often expected) that both parties have their own attorney. In some cases—such as when spousal support is being waived—it’s mandatory.
- Signed in Advance The agreement must be signed well in advance of the wedding, not at the last minute. Courts may view last-minute signing as coercion.
- Fair and Reasonable Terms The terms must not be “unconscionable,” meaning so one-sided that they are unjust.
When Should You Create a Prenup?
The best time to begin discussing a prenuptial agreement is several months before your wedding date. This allows enough time for thoughtful conversations, negotiation, legal review, and emotional processing.
Trying to create or sign a prenup days before the wedding can result in legal complications—and relationship strain. The earlier you begin, the more relaxed and productive the process will be.
Addressing Common Prenup Myths
“Only wealthy people need prenups.”
False. A prenup can protect both modest and significant assets. It’s also about clarifying debts and responsibilities, not just dividing wealth.
“Asking for a prenup means I don’t trust my partner.”
Not at all. A prenup is a sign of maturity and respect. It shows that both parties are willing to be transparent, plan responsibly, and prevent future conflict.
“Prenups always favor the wealthier partner.”
With fair negotiation and legal counsel for both sides, prenups can and should reflect mutual fairness. They can protect both parties from risk.
“Prenups aren’t enforceable in California.”
If created properly and fairly, prenups are enforceable and upheld by California courts. Working with an experienced family law attorney is essential.
Postnuptial Agreements: An Alternative Option
If you’re already married and want to create an agreement about financial matters, you may be able to create a postnuptial agreement. These contracts work similarly to prenups but are signed after marriage.
They’re especially useful for:
- Couples going through financial changes
- Partners entering into a business together
- Spouses reconciling after separation
While California courts scrutinize postnups more closely than prenups, they can still be valid if created correctly.
How We Can Help
At Enright Family Law, we believe that thoughtful planning is the foundation of strong modern relationships. Our San Diego-based firm helps couples from all walks of life create legally sound and emotionally fair prenuptial agreements that reflect their values, protect their futures, and respect their evolving family dynamics.
We will:
- Guide you through every step of the prenup process
- Ensure full financial disclosure and legal compliance
- Represent your interests in negotiations with your partner’s attorney
- Draft, review, or revise existing agreements
- Provide practical, non-judgmental support in sensitive discussions
Whether you’re entering your first marriage, forming a blended family, or protecting a business or future inheritance, Enright Family Law is here to help you plan wisely, love fully, and move forward with confidence.
Contact us today to schedule a consultation and explore how a prenuptial agreement can support your modern family.