{"id":371820,"date":"2016-03-31T21:34:29","date_gmt":"2016-04-01T02:34:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-prenuptial-agreements.html"},"modified":"2026-03-10T16:07:04","modified_gmt":"2026-03-10T21:07:04","slug":"california-prenuptial-agreements","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-prenuptial-agreements.html","title":{"rendered":"California Prenuptial Agreements"},"content":{"rendered":"\n
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California Prenuptial Agreements<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Prenuptial agreements<\/span> in California<\/span> outline how a couple will manage assets and debts during marriage and how to divide them in the event of divorce or death. For California<\/span> prenuptial agreements<\/span> to be valid, they must be entered into voluntarily with full financial disclosures.<\/p>\n\n <\/div>\n\n\n\n

California<\/span>\u2019s family laws<\/span> permit couples to make premarital agreements, also known as prenuptial agreements<\/span>. Although this can seem like planning your divorce before you get married, these agreements give future spouses<\/span> more control over their property division<\/span> if the couple divorces<\/span>.<\/p>\n

California<\/span> courts<\/span> require prenuptial agreements<\/span> to meet certain basic validity requirements. The Uniform Premarital Agreement Act<\/span> is codified into California<\/span> law<\/span> as Family Code<\/span> Sections 1610-1617<\/a>. The state law<\/span> explains what a California<\/span> prenup<\/span> can and cannot include.<\/p>\n

A prenup<\/span> is a legal document<\/span>. Couples considering drafting one should consult a family law<\/span> attorney<\/span> to protect their property rights<\/span> in the event of a divorce<\/span>.<\/p>\n

California<\/span> Prenuptial Agreements<\/span><\/strong><\/h2>\n

California<\/span> is a community property<\/span> state<\/span>. This means that in a divorce, the assets and debts get divided 50\/50 unless the spouses have made other legal arrangements. One way to avoid\u00a0community property<\/span> laws<\/span>\u00a0is to agree before marriage to divide property in a certain way. A postnuptial agreement<\/span><\/a> is also possible if you did not make a prenup<\/span>.<\/p>\n

To be valid, a California<\/span> prenuptial agreement<\/span> must meet the legal requirements<\/span> under California<\/span> law<\/span>. These include:<\/p>\n