Q: What exactly is a premarital agreement?
A: A premarital agreement (also called a prenuptial agreement or “prenup”) is a legally binding contract you and your partner create before getting married. It’s basically a financial roadmap that outlines how you’ll handle assets, debts, and other money matters during your marriage, in the event of divorce, and can even include estate planning in the event of death. Both of you agree to the terms, so everyone knows what to expect.
Q: I’m not wealthy – do I really need a prenup?
A: Premarital agreements aren’t just for the rich and famous. Sure, if you or your partner owns significant assets like a home, business, or investment accounts, a prenup makes even more sense. But there are lots of other situations where it’s smart to have one:
- If you want to determine how much spousal support (also called alimony) is paid and for how long
- If either of you is bringing substantial debt into the marriage
- If this is a second marriage and you have kids from a previous relationship who you want to protect
- If one of you owns a business (without a prenup, your spouse could potentially claim an interest in the business growth during marriage)
- If you have very different earning potentials and want to set clear expectations
- If you simply want financial clarity and open communication about money from the start
Even couples with little assets often find the process valuable because it prevents future conflicts.
Q: Won’t bringing up a prenup make my partner think I’m planning for divorce?
A: We hear this concern a lot, and it’s completely understandable. But here’s a different way to think about it: a premarital agreement isn’t about planning for failure, it’s actually about planning for success. When you sit down and have honest conversations about money, spending habits, and financial goals before you’re married, you’re actually strengthening your relationship. You’re making sure you both understand each other’s financial values and expectations when emotions are stable, which builds trust and prevents surprises down the road.
Q: What can we actually include in a premarital agreement?
A: California law lets you put quite a bit into a prenup:
- Property division – what stays separate property versus community property
- Who’s responsible for which debts
- How retirement plans are handled
- Spousal support arrangements
- Inheritance rights
- How joint expenses will be shared
- Estate planning terms
Q: What can’t be included in a premarital agreement?
A: California law has strict requirements as to what can not be included in a prenup:
- Child custody and child support decisions can never be included. These issues always have to be made based on what’s in the child’s best interest at the time, not years in advance.
- Anything that encourages divorce (ex. If you divorce me after 1 year you get $50million) won’t be allowed,
- Terms that violate public policy (ex. If you cheat on me, you get nothing) won’t be allowed
- Terms that are illegal won’t hold up in court.
It is important to have a skilled attorney like the Certified Specialists at Primus Family Law Group to make sure the language drafted meets your intentions and the legal requirements.
Q: Can’t we just use an online template?
A: We strongly recommend against it. Premarital agreements are complex legal documents, and in California, they have very specific requirements that failure to follow will result in your agreement being of no use.
- Both of you must have independent legal representation meaning you can’t share a lawyer.
- You’re required to provide complete financial disclosure about all your assets, debts, and income and provide all the substantiating documents.
- The agreement has to be in writing, signed by both parties, and
- you each need at least 7 days to review the final draft before signing (and it must be signed before the wedding).
Courts scrutinize these agreements carefully, so if all the specific rules aren’t followed or the wording used by the template doesn’t mean what you thought it meant, your prenup might not be enforceable when you need it most.
Q: What makes San Diego different when it comes to prenups?
A: San Diego is very diverse from military families to tech entrepreneurs to real estate investors and each situation creates unique considerations. One of Primus Family Law Group’s qualified prenup lawyers understand the San Diego legal landscape and can make sure your agreement complies with California state laws. We’ll help you identify all the issues specific to your situation, navigate the disclosure requirements, draft language that’s clear and enforceable, ensure you understand your rights and obligations, and work with your partner’s attorney to make sure everything is valid and on time for the wedding.
Q: How do we get started?
A: Start the conversation with your partner well before your wedding date because it does take at least a month to get it all done. You don’t want to be rushing through this important process as that can later be an issue for enforcement. Talk openly about your individual financial situations, your goals, expectations and any concerns you have. Then, reach out to an experienced family law attorney who can guide you through creating an agreement that protects both of you while preserving the love and trust in your relationship.
At Primus Family Law Group, our team of California Certified Family Law Specialists has over 50 years of combined experience in family law. We approach premarital agreements with both sensitivity and professionalism, understanding that this involves legal and emotional considerations. Our goal is to help you build a strong foundation for your future together.