Building A Strong Foundation With Prenuptial Agreements
Last updated on June 24, 2026
Getting married is an exciting milestone – one that requires thoughtful consideration as you’re building your life together. A prenuptial agreement offers a way to get on the same page regarding finances, assets and other aspects of your union.
There are many myths about prenuptial agreements. Contrary to popular belief, prenups aren’t just for the wealthy. Nor do they set the stage for divorce. Rather, they’re about starting a marriage off on the right footing – with transparency, communication and clear expectations.
At the Encino law firm of Cohen Family Law Group, APC, we help couples create customized premarital agreements that reflect their shared vision for the future. Our lead attorney, Gail Cohen, is board-certified in family law by the California Board of Legal Specialization. She understands the intricacies of these agreements – including what’s enforceable and what’s not. She can help you develop a prenuptial contract that’s as unique as your relationship.
What Is A Prenup?
A prenup, or prenuptial agreement, is a contract entered into before marriage. It’s an opportunity for you and your soon-to-be spouse to address important decisions such as:
- Clarification of financial rights and responsibilities during marriage
- Distribution of property in the event of divorce or death
- Inheritance rights
- Protection from each other’s debts
- Terms for the division of assets
- Terms for spousal support (alimony)
Post-marital agreements are similar and can be created after tying the knot.
The Many Benefits Of A Prenuptial Agreement
Why consider a prenup? Here are just a few benefits:
- They encourage open financial dialogue.
- They protect individual assets.
- They define financial expectations.
- They support marital harmony by reducing conflicts over finances.
- They help avoid court battles or costly court proceedings in the event of divorce.
As you can see, there are many facets to the importance of prenuptial agreements. Our team can help you identify the benefits for your relationship and future together.
Making Your Prenup Enforceable In California
For a prenup to be enforceable, it must meet certain requirements in accordance with California family law. For example, it must be:
- Entered into voluntarily
- Accompanied by full disclosure of assets
- Fair and not unconscionable
- Signed a sufficient amount of time before the marriage takes place
- Executed with proper legal formalities
Additionally, both parties should consult with their own prenup lawyer beforehand. Failure to comply with these requirements can jeopardize the prenuptial agreement’s validity and enforceability. Our team can advise you in more detail about the requirements for creating an enforceable prenuptial agreement.
Common Questions About Prenups In California
Before you officially tie the knot, you must familiarize yourself with the common questions about prenuptial agreements that we frequently address for our clients.
Do we need to file our prenuptial agreement with the Los Angeles Superior Court?
No, you don’t. Since your prenup is a private contract between you and your future spouse, it does not need to be recorded with the county clerk, filed at the courthouse or submitted to any government agency upon your marriage. You retain possession of your legal document and only present it to the court if a judge requires its enforcement, interpretation or is challenged during a future legal proceeding, such as a divorce or probate administration.
What is California’s mandatory seven-day waiting period for signing a premarital agreement?
Under California Family Code § 1615(c)(2)(B), you must present the final version of your prenuptial agreement at least seven full calendar days before each party formally signs it. This cooling-off period encourages fair negotiations and ensures that neither you nor your fiancé feels pressured or coerced into signing the document at the last minute.
It is important to note that if either you or your respective lawyers make changes that alter the prenup’s terms during the seven-day period, the clock will reset.
Are infidelity clauses or lifestyle rules legally enforceable in California?
California is a strict “no-fault” divorce state, which makes infidelity and lifestyle clauses in prenups not enforceable under state law. While some couples include terms that financially penalize their spouse for adultery or dictate social behaviors, California courts heavily scrutinize these provisions. Under California Family Code § 2335, any married couple who files for divorce or legal separation cannot submit evidence of acts of misconduct, as they are inadmissible in court.
Start Preparing For Your Future Together
If you are seeking prenuptial agreement advice or wondering how to create one, we are here to assist. You can turn to us for a confidential consultation with a board-certified family law lawyer. Our team will handle your prenup considerations with the utmost care. We also provide guidance on enforcing an existing prenuptial agreement.
Get started today by calling our Encino office at 818-901-8900 or reaching out to us online.