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CA · Manually written guide

Prenup laws in California

California's premarital-agreement statutes separate basic execution rules from special safeguards involving voluntariness, financial disclosure, counsel, timing, and spousal-support terms.Cal. Fam. Code § 1611Cal. Fam. Code § 1612(c)Cal. Fam. Code § 1615(a)–(b)Cal. Fam. Code § 1615(c)(1)–(3)

That structure makes the paper trail important: the signed writing is only one part of the evidence a California lawyer may need to evaluate.Cal. Fam. Code § 1611Cal. Fam. Code § 1615(a)–(b)Cal. Fam. Code § 1615(c)(1)–(3)

Evidence tiersection verified
Package versionca-2026-07-18.3
Authorities9
Reviewed2026-07-18
Effective through2026-07-18
On this pageExecutionSubjects and limitsFinancial reviewExamplesQuestionsAuthorities

Formation and lifecycle

Execution requirements to investigate

formalities

California premarital-agreement formalities

A premarital agreement must be written and signed by both parties.

Cal. Fam. Code § 1611
effective date

California effective date

A premarital agreement becomes effective upon marriage.

Cal. Fam. Code § 1613
amendment revocation

California amendment or revocation

After marriage, amendment or revocation requires a written agreement signed by the parties.

Cal. Fam. Code § 1614

What the agreement addresses

Permitted subjects and legal limits

permitted subjects

California permitted subjects

The statute lists property, disposition, estate-planning, insurance, choice-of-law, and other lawful subjects.

Cal. Fam. Code § 1612(a)
child support

California child-support limitation

A premarital agreement may not adversely affect a child's right to support.

Cal. Fam. Code § 1612(b)
spousal support

California spousal-support provisions

California places counsel and unconscionability limits on premarital spousal-support provisions.

Cal. Fam. Code § 1612(c)
void marriage

California void-marriage rule

If the marriage is void, the agreement is enforceable only as necessary to avoid an inequitable result.

Cal. Fam. Code § 1616

Process evidence

Financial disclosure, voluntariness, counsel, and timing

financial disclosure

California voluntariness and financial disclosure

The enforcement framework addresses voluntary execution, unconscionability, disclosure, written waiver, and adequate knowledge.

Cal. Fam. Code § 1615(a)–(b)
timing

California counsel and seven-day protections

The voluntariness framework includes counsel advisement, a seven-calendar-day period, and written protections for an unrepresented party.

Cal. Fam. Code § 1615(c)(1)–(3)

Hypotheticals, not outcomes

Practical examples

These examples show how document facts can intersect with the cited sources. They do not predict a court result.

Example 01

The compressed signing calendar

One party receives the final draft shortly before signing and has no separate lawyer. This does not decide validity, but it directly intersects with California's counsel and timing safeguards.Cal. Fam. Code § 1615(c)(1)–(3)

Ask local counsel

How do the current statutory timing and counsel protections apply to this exact sequence?

Example 02

The support waiver

An agreement eliminates future spousal support. California treats support provisions separately, including counsel and unconscionability-related limits that require fact-specific review.Cal. Fam. Code § 1612(c)

Ask local counsel

Was the support provision reviewed with the required independent-counsel and fairness analysis?

Common starting points

California prenup FAQs

Answers are deliberately scoped to the cited evidence package and should be checked against current law.

Does a California prenup have to be written and signed?

California Family Code section 1611 states that a premarital agreement must be in writing and signed by both parties.Cal. Fam. Code § 1611

Why do counsel and timing receive separate attention?

California's enforcement statute contains specific counsel and timing protections, while spousal-support provisions have an additional counsel-related limitation.Cal. Fam. Code § 1612(c)Cal. Fam. Code § 1615(c)(1)–(3)

Can a California prenup control child support?

The California package flags that a child's right to support may not be adversely affected by a premarital agreement.Cal. Fam. Code § 1612(b)

Prepare for independent advice

Questions for a California lawyer

Bring the agreement, every exhibit, prior drafts, disclosure records, and a signing timeline. Then use the source-linked questions as an interview guide.

  1. 01

    Are the final agreement and every incorporated schedule complete and signed by both parties?Cal. Fam. Code § 1611

  2. 02

    Which provisions depend on another estate-planning, insurance, or title document?Cal. Fam. Code § 1612(a)

  3. 03

    Does any child-related language attempt to predetermine an issue the court must decide?Cal. Fam. Code § 1612(b)

  4. 04

    Was each party independently represented when the support provision was signed?Cal. Fam. Code § 1612(c)

  5. 05

    How could circumstances at enforcement affect the support provision?Cal. Fam. Code § 1612(c)

  6. 06

    Does the draft distinguish pre-marriage obligations from those effective upon marriage?Cal. Fam. Code § 1613

  7. 07

    Does the amendment clause preserve the signed-writing requirement after marriage?Cal. Fam. Code § 1614

  8. 08

    What disclosure was actually delivered, when, and with what supporting values?Cal. Fam. Code § 1615(a)–(b)

  9. 09

    Does any disclosure waiver satisfy the statute under the signing facts?Cal. Fam. Code § 1615(a)–(b)

  10. 10

    When was the final agreement first presented, and when was it signed?Cal. Fam. Code § 1615(c)(1)–(3)

  11. 11

    If either party was unrepresented, where are the separate waiver, explanation, and receipt declaration?Cal. Fam. Code § 1615(c)(1)–(3)

  12. 12

    Does any unusual marriage-status issue require analysis under section 1616?Cal. Fam. Code § 1616

Inspect the evidence

Principal statutes and cases

Every citation label above resolves to one of these records. Open the linked authority and verify the current text with licensed counsel.

formalitiesstatute

Cal. Fam. Code § 1611

California premarital-agreement formalities

A premarital agreement must be written and signed by both parties.

  • The agreement is enforceable without consideration.
permitted subjectsstatute

Cal. Fam. Code § 1612(a)

California permitted subjects

The statute lists property, disposition, estate-planning, insurance, choice-of-law, and other lawful subjects.

  • Other personal rights and obligations remain subject to public policy and criminal statutes.
child supportstatute

Cal. Fam. Code § 1612(b)

California child-support limitation

A premarital agreement may not adversely affect a child's right to support.

    spousal supportstatute

    Cal. Fam. Code § 1612(c)

    California spousal-support provisions

    California places counsel and unconscionability limits on premarital spousal-support provisions.

    • A support provision may not be enforceable against a party who lacked independent counsel when signing.
    • The provision may also be examined for unconscionability at enforcement.
    • Representation alone does not necessarily cure an otherwise unenforceable provision.
    effective datestatute

    Cal. Fam. Code § 1613

    California effective date

    A premarital agreement becomes effective upon marriage.

      amendment revocationstatute

      Cal. Fam. Code § 1614

      California amendment or revocation

      After marriage, amendment or revocation requires a written agreement signed by the parties.

      • The amendment or revocation is enforceable without consideration.
      financial disclosurestatute

      Cal. Fam. Code § 1615(a)–(b)

      California voluntariness and financial disclosure

      The enforcement framework addresses voluntary execution, unconscionability, disclosure, written waiver, and adequate knowledge.

      • The statute calls for fair, reasonable, and full disclosure in its unconscionability framework.
      • It also addresses written waiver of further disclosure and adequate knowledge of property or obligations.
      • The court decides unconscionability as a matter of law.
      timingstatute

      Cal. Fam. Code § 1615(c)(1)–(3)

      California counsel and seven-day protections

      The voluntariness framework includes counsel advisement, a seven-calendar-day period, and written protections for an unrepresented party.

      • For agreements executed on or after January 1, 2020, the statute describes at least seven calendar days between first presentation of the final agreement and signing.
      • An unrepresented party must receive a written explanation of terms, basic effect, and relinquished rights and sign a prescribed declaration.
      void marriagestatute

      Cal. Fam. Code § 1616

      California void-marriage rule

      If the marriage is void, the agreement is enforceable only as necessary to avoid an inequitable result.

        Known boundaries

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