Prenuptial Agreements Lawyer San Diego

As marriage evolves, so does the way couples approach their future. For modern couples in San Diego, a prenuptial agreement isn’t just about protecting wealth—it’s about establishing trust, clarity, and control over the life you’re building together. At Enright Family Law, we help clients create customized, fair, and enforceable prenuptial agreements that reflect today’s relationships, diverse family structures, and evolving financial dynamics.

Whether you’re entering your first marriage, remarrying, or building a blended family, a well-crafted prenup can support long-term harmony by addressing potential legal and financial concerns before they arise. With offices in San Diego and Bellevue, we are happy to help you with your family law case.

What Is a Prenuptial Agreement?

A prenuptial agreement (or “prenup”) is a legal contract signed by two people before they get married. It outlines how property, assets, debts, income, and spousal support will be handled if the marriage ends in divorce, legal separation, or death.

Prenups are enforceable under California law when they are entered into voluntarily, with full financial disclosure, and without coercion. They are governed by the Uniform Premarital Agreement Act (UPAA).

While often misunderstood as only necessary for the wealthy, prenups are increasingly used by couples of all backgrounds who value clarity, fairness, and open communication.

Who Should Consider a Prenup?

A prenuptial agreement can be beneficial in many situations, including:

• One or both partners own property or a business
• There is a significant income or asset disparity between partners
• One or both partners have children from a previous relationship
• One partner has student loans, credit card debt, or other financial obligations
• A family inheritance or trust fund is involved
• You plan to keep finances separate during the marriage
• You’re entering a second or later-in-life marriage

At Enright Family Law, we work with modern couples from all walks of life—professionals, entrepreneurs, artists, and stay-at-home parents—who want to plan ahead while honoring the uniqueness of their relationship.

What Can a Prenup Cover?

A prenuptial agreement in California can address a wide range of issues, such as:

• Division of community and separate property
• Management and control of business interests
• Spousal support (alimony) in the event of divorce
• Protection of family inheritances or gifts
• Responsibility for pre-marital or marital debts
• Future rights to real estate, retirement accounts, or investments
• Division of personal property and valuables

However, there are certain limitations. A prenup cannot include terms about child custody or child support, and it cannot promote divorce or include provisions that are “unconscionable” or grossly unfair.

Legal Requirements for a Valid Prenup in California

To be valid and enforceable, a prenuptial agreement must meet the following criteria under California law:

• Written agreement: Oral prenups are not valid.
• Voluntary execution: Both parties must sign willingly, without coercion.
• Full financial disclosure: Each party must fully disclose their assets, income, and debts.
• Independent legal counsel: If the agreement includes a spousal support waiver, both parties must have separate attorneys.
• Timing matters: The agreement should be signed well in advance of the wedding to avoid claims of duress or rushed decision-making.

At Enright Family Law, we ensure every agreement is prepared with care, fully compliant with California’s legal standards, and fair to both parties.

Why Modern Couples Choose Prenuptial Agreements

Today’s relationships are built on communication, equality, and shared values. More couples now see prenuptial agreements not as a sign of mistrust, but as a sign of mutual respect. A well-drafted prenup can:

• Promote open conversations about money and future goals
• Protect both partners in case of divorce
• Preserve family wealth for children or future generations
• Clarify expectations around property and lifestyle
• Reduce future conflict and costly litigation

In a city like San Diego—where people often marry later in life, own businesses, or bring assets and children into a marriage—prenups have become a smart, empowering planning tool.

Prenups for LGBTQ+ Couples

As a family law firm proudly serving LGBTQ+ couples, we understand the unique considerations that may arise in same-sex marriages, including:

• Property acquired before national marriage equality
• Legal parentage of children
• Division of assets obtained during domestic partnerships
• Financial planning for blended families

We offer inclusive, informed legal counsel to ensure your prenuptial agreement reflects your rights and relationship accurately under California law.

Can a Prenup Be Challenged in Court?

Yes, under certain circumstances, a prenuptial agreement can be challenged and potentially invalidated. Common reasons include:

• Lack of full financial disclosure
• One party was not represented by independent legal counsel
• The agreement was signed under duress or coercion
• Unconscionable terms that heavily favor one spouse
• Last-minute signing too close to the wedding date

Our job as your prenuptial agreements lawyer in San Diego is to ensure your agreement is not only legally valid but also crafted to withstand potential future challenges.

When Should You Start the Prenup Process?

Ideally, you should begin discussing and drafting your prenuptial agreement at least 2 to 3 months before your wedding. Starting early allows time for:

• Open communication and mutual understanding
• Full financial disclosure
• Independent legal counsel review
• Revisions and negotiation, if needed

Waiting until the last minute can lead to unnecessary stress and legal vulnerability. At Enright Family Law, we work on your timeline while ensuring the process is smooth and respectful.

How We Can Help

At Enright Family Law, we help couples across San Diego build strong legal foundations for their future through thoughtful, custom-tailored prenuptial agreements. We believe a prenup should be more than a legal formality—it should be a meaningful tool that reflects your shared values and individual goals.

We can help you:

• Draft a personalized prenuptial agreement
• Review an agreement prepared by your partner’s attorney
• Ensure full financial disclosure and legal compliance
• Offer strategic advice based on your financial goals
• Facilitate respectful negotiation between partners
• Amend or revoke an existing prenup, if needed

Contact Enright Family Law today to schedule a consultation with a trusted prenuptial agreements lawyer in San Diego. Whether you’re planning for your first marriage or entering a new chapter in life, we’re here to help you protect your future with clarity and care.