Prenuptial Agreements

We Draft, Review, and Negotiate Prenuptial Agreements in San Diego

At Aloha Law, PC, our San Diego prenuptial agreement lawyer, is an experienced, solutions-focused advocate for clients. A prenup may be the right option for your situation. We help people with the drafting, negotiation, and review of premarital agreements in California. If you have any specific questions or concerns about prenups, we are here to help. Contact us today for a fully confidential, no-obligation consultation with an experienced California family law attorney. 

What is a Prenuptial Agreement?

Although prenuptial agreements (prenups) are not thought of as the most romantic thing in the world, they can be useful. The American Bar Association (ABA) defines a prenuptial agreement as a contract made “between prospective spouses made in contemplation of their upcoming marriage.” Put another way, a prenup is an agreement entered into by a couple before their marriage that outlines the division of assets and financial responsibilities should the marriage end in divorce or death. It serves to define how property, debts, and financial matters will be managed. Why are prenuptial agreements used? One benefit is that it can protect individual assets acquired before the marriage. Another potential advantage is that a prenup can clarify financial rights and responsibilities and reduce the risk of conflict over property/assets in the future.

Prenups are Enforceable in California (Know the Legal Requirements)

You and your future spouse have the right to enter into a prenuptial agreement in San Diego. In California, prenups are enforceable—as long as they meet all of the legal conditions. Under California Family Code § 1615, a prenup is only valid if the following five requirements are met: 

  • Written Document: In California, a prenuptial agreement must be documented in writing in order to be legally enforceable. Oral agreements are not recognized by the courts in this context. The written document should clearly outline all the terms agreed upon by both parties. Make sure your prenup is in writing. It should be drafted by a San Diego lawyer. 

  • Voluntary Consent: Both parties must enter into the prenuptial agreement voluntarily. There must not be any form of coercion, duress, or undue influence. If one party can prove they were pressured or forced into signing, the agreement may be deemed invalid by the court. Many disputes over prenups are focused on (alleged) undue pressure. One of the best ways to prove voluntary consent is for each party to a prenup to consult with their own California family law attorney before signing it. 

  • Full Financial Disclosures: Under California law, each party to a prenup is required to fully disclose their financial situation to the other before signing the agreement. Among other things, disclosures of all assets, liabilities, income, and any other relevant financial information should be made. Failure to provide complete and accurate disclosures can result in the agreement being set aside by the court.

  • Not Fundamentally Unfair: A court in California can invalidate a prenup on the somewhat vague grounds that it is “unfair.” The prenuptial agreement must not be unconscionable at the time of its execution. If the terms are extremely one-sided or oppressive to one party, the court may refuse to enforce them. 

  • Notarized and Signed: Finally, for a prenuptial agreement to be valid in California, it must be signed by both parties. While notarization is not strictly mandated by law, it is highly recommended as it adds a layer of authenticity and can prevent future disputes over the validity of signatures. Notarizing the document provides official verification. 

California has a Seven-Day Rule for Prenuptial Agreements

You cannot present a prenup to your future spouse and have them sign it the day before your marriage starts in California. Our state is one of the only jurisdictions in the country that mandates a “review period.” It is called the "Seven-Day Rule" and requires at least seven days between the time a party is first presented with the final prenuptial agreement and the time it is signed. The rule is designed to give both parties sufficient time to thoroughly review the agreement's terms and seek independent legal counsel if they choose to do so. 

Your Prenup Should Not Have Illegal Terms (No Child Custody or Child Support)

To be enforceable in California, a prenuptial agreement must not have illegal terms. If there are any unlawful terms, the entire agreement could potentially be rendered invalid and unenforceable in a future conflict. Here are key points that you should know: 

  • You cannot use a prenup for child custody; 

  • You cannot use a prenup for child visitation; and

  • You cannot use a prenup for child support. 

California law is very clear. A prenup is not the appropriate document to address issues related to child custody or child support. These terms are not valid and can render an entire agreement unenforceable. Do not include custody, visitation, or child support in your San Diego prenup. 

How Our San Diego Prenup Attorney Can Help 

Prenuptial agreements are complicated. It is crucial that you understand your rights and your options. Our founder and lead attorney, T. Healoha Lee, Esq, has the experience that you can rely on. We provide personalized solutions to clients. When you contact our San Diego office, you will have an opportunity to consult with a California family law attorney who can: 

  • Listen to what you have to say and answer questions about prenups; 

  • Help you gather and prepare all supporting financial information; 

  • Represent you in prenup negotiations with your future spouse; 

  • Draft a prenuptial agreement that meets your needs and goals; and

  • Help to ensure that your rights and your interests are properly protected. 

Contact Our San Diego Prenuptial Agreement Lawyer Today


At Aloha Law, PC, our San Diego family law attorney has extensive experience with prenuptial agreements. If you have any questions about a pre-marital agreement, we are here to help. Call us now or contact us online today for a fully confidential, no-obligation consultation. With an office in San Diego, we draft, review, and negotiate prenuptial agreements throughout the region, including in Carlsbad, Escondido, El Cajon, Del Mar, Coronado, and Vista.