California Prenuptial Agreement Laws: Requirements and Enforceability

Yes. California enforces prenuptial agreements under its Uniform Premarital Agreement Act, Family Code sections 1600 to 1617, for agreements signed on or after January 1, 1986. The agreement must be in writing and signed by both parties (section 1611), and section 1615 sets out when a court will refuse to enforce it, including findings about independent counsel and a seven-day timing rule (section 1615(c)(2)), which since January 1, 2020 applies whether or not the party has a lawyer.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers premarital agreements under California's Uniform Premarital Agreement Act (Family Code sections 1600 to 1617), with notes on Family Code sections 721(b), 760 and 1500 and the California Supreme Court's decision in In re Marriage of Bonds (2000). It does not cover other states' prenup law, drafting, or the full law of postnuptial agreements. It is information only, not a template or drafting guide.

Which law governs prenups in California

California's prenup statute is its version of the Uniform Premarital Agreement Act. Section 1600 provides that the chapter "may be cited as the Uniform Premarital Agreement Act," and section 1601 applies it to agreements executed on or after January 1, 1986.

Section 1610(a) defines the agreement:

"'Premarital agreement' means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage." Cal. Fam. Code 1610(a)

Formal requirements: what makes a California prenup valid

Section 1611 sets the formality rule in two sentences: "A premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration." The statute requires only a signed writing.

Section 1613 adds that "A premarital agreement becomes effective upon marriage."

The timing and counsel rules in section 1615(c), covered below, are a separate question: they go to whether the agreement was signed voluntarily.

What a California prenup can cover

Section 1612(a) lists the subjects the parties "may contract with respect to." Among them:

• "The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located" (1612(a)(1)).
• "The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event" (1612(a)(3)).
• "The choice of law governing the construction of the agreement" (1612(a)(6)).
• "Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty" (1612(a)(7)).

That last item is also the outer limit: terms that violate public policy or a criminal statute fall outside what section 1612(a) authorizes.

What a prenup cannot do in California

Child support. Section 1612(b) is one sentence: "The right of a child to support may not be adversely affected by a premarital agreement." Parents cannot use a prenup to cut down a child's support.

Spousal support without counsel. Section 1612(c) limits support terms, covered in its own section below.

Custody. The premarital agreement provisions covered here speak to child support, not custody. This page does not state a rule on custody terms in a prenup; ask a California family lawyer.

When a prenup is unenforceable: Family Code section 1615

Section 1615(a) puts the burden on the spouse resisting the agreement. A premarital agreement "is not enforceable if the party against whom enforcement is sought proves either of the following":

1. "That party did not execute the agreement voluntarily."
2. "The agreement was unconscionable when it was executed and, before execution of the agreement, all of the following applied to that party": no "fair, reasonable, and full disclosure" of the other party's property or financial obligations; no voluntary, express written waiver of disclosure beyond what was provided; and no actual or reasonably available "adequate knowledge" of the other party's property or financial obligations.

The second path is conjunctive. Unconscionability at signing is not enough by itself; all three disclosure conditions must also have applied. Under section 1615(b), "An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law."

The voluntariness findings in section 1615(c)

Section 1615(c) provides that a premarital agreement is deemed not executed voluntarily "unless the court finds in writing or on the record all of the following." The findings, summarized:

Section 1615 was most recently amended by AB 1380 (Stats. 2019, ch. 193), effective January 1, 2020; the seven-day rule in 1615(c)(2)(B) applies to agreements executed on or after that date.

Spousal support waivers in a California prenup

Section 1612(c) sets a stricter rule for support terms than for property terms:

"Any provision in a premarital agreement regarding spousal support, including, but not limited to, a waiver of it, is not enforceable if the party against whom enforcement of the spousal support provision is sought was not represented by independent counsel at the time the agreement containing the provision was signed, or if the provision regarding spousal support is unconscionable at the time of enforcement." Cal. Fam. Code 1612(c)

Two features stand out. First, a written waiver of counsel, which can satisfy section 1615(c)(1) for the agreement as a whole, does not satisfy section 1612(c) for a support term; the spouse must actually have had independent counsel. Second, unconscionability for a support term is tested when the term is enforced, not only when it was signed.

The same subsection closes a loophole: "An otherwise unenforceable provision in a premarital agreement regarding spousal support may not become enforceable solely because the party against whom enforcement is sought was represented by independent counsel." Section 1612 in this form took effect January 1, 2002; for an older agreement, ask a California family lawyer which rules apply. For how support works without a prenup, see California alimony laws.

The leading case: In re Marriage of Bonds (2000)

In In re Marriage of Bonds, 24 Cal.4th 1, 5 P.3d 815 (Cal. 2000), the California Supreme Court held that one party's lack of independent counsel is one factor in deciding whether a premarital agreement was entered voluntarily under section 1615, not a trigger for strict scrutiny. The party attacking the agreement bears the burden of showing it was involuntary.

The court wrote: "We conclude that the Court of Appeal erred in determining that because Sun, unlike Barry, was not represented by independent counsel when she entered into the agreement, the voluntariness of the agreement must be subjected to strict scrutiny."

Bonds was decided before section 1615 contained subdivision (c) and its required findings. Read it alongside today's statute, which deems an agreement involuntary unless the court makes the findings listed above.

Changing or revoking a prenup after the wedding

Section 1614 controls: "After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration."

Time limits to enforce a prenup

Section 1617 pauses the clock during the marriage: "Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement." The same section keeps equitable defenses open: "equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party."

If the marriage turns out to be void

Section 1616 covers an agreement signed before a marriage later determined to be void. Such an agreement "is enforceable only to the extent necessary to avoid an inequitable result."

Postnuptial agreements in California

California's statute expressly contemplates agreements made after the wedding. Section 1500 provides that "The property rights of spouses prescribed by statute may be altered by a premarital agreement or other marital property agreement."

Agreements between spouses carry a duty a premarital agreement between engaged people does not. Under section 721(b), in transactions between themselves spouses are subject to the rules governing fiduciary relationships, and "neither shall take any unfair advantage of the other."

This page does not set out the standard courts apply to enforce a postnuptial agreement; that comes from case law not covered here. A California family lawyer can explain it.

Community property: what a prenup changes

Without an agreement, California is a community property state. Section 760 provides that "Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property." A premarital agreement is one of the ways the parties can alter that default (section 1500). For how property is divided at divorce, see California divorce laws.

Who can draft or review a California prenup

A lawyer licensed in California can draft or review premarital agreements. The statute itself builds independent counsel into the rules: section 1615(c)(1) asks whether the challenging party had independent counsel or waived it in a separate writing, and section 1612(c) makes a spousal-support term unenforceable against a party who had no independent counsel at signing.

Disclaimer: This article provides general legal information about premarital agreements under the California Family Code, verified on 2026-10-07. It is not legal advice, not a template, and does not create a lawyer-client relationship. For advice about an agreement, consult a lawyer licensed in California.

Related

• Prenuptial agreement laws in every state
• California divorce laws
• California alimony laws

Last updated: 2026-10-07.

Frequently Asked Questions

Are prenups enforceable in California?

Generally yes, under the Uniform Premarital Agreement Act in Cal. Fam. Code 1600-1617, unless the challenging spouse proves one of the grounds in section 1615(a): involuntary signing, or unconscionability at signing combined with missing disclosure, waiver and knowledge.

Does a prenup have to be notarized in California?

The statute requires only a signed writing: Cal. Fam. Code 1611 says a premarital agreement shall be in writing and signed by both parties, and it is enforceable without consideration.

How far before the wedding must a California prenup be signed?

The statute keys its timing to presentation of the final agreement, not the wedding date: for agreements executed on or after January 1, 2020, at least seven calendar days must pass between first presentation of the final agreement and signing, regardless of representation (Cal. Fam. Code 1615(c)(2)(B)). For agreements executed between January 1, 2002 and January 1, 2020, the seven days run from first presentation of the final agreement together with the advice to seek independent counsel (1615(c)(2)(A)).

Do both people need a lawyer for a California prenup?

Not for the agreement as a whole: section 1615(c)(1) accepts a separate written waiver of counsel. But a spousal-support provision is unenforceable against a spouse who had no independent counsel when signing (Cal. Fam. Code 1612(c)).

Can a California prenup waive spousal support?

Only if the spouse giving up support had independent counsel when signing and the provision is not unconscionable at the time of enforcement (Cal. Fam. Code 1612(c), in this form since January 1, 2002).

Can a prenup limit child support in California?

No. Cal. Fam. Code 1612(b) provides that a premarital agreement may not adversely affect a child's right to support.

Can a prenup be changed after marriage in California?

Yes, but only by a written agreement signed by both spouses, which is enforceable without consideration (Cal. Fam. Code 1614).

Are postnuptial agreements valid in California?

Cal. Fam. Code 1500 lets spouses alter statutory property rights by a premarital agreement or other marital property agreement, and section 721(b) bars either spouse from taking unfair advantage of the other.