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Commonly Asked Questions about Pre-Wedding Legal Agreements

Prenuptial agreements, if drawn up and executed correctly, are legally binding and are usually upheld in court.
A prenuptial agreement, also known as a prenup, is a written contract where an engaged couple states their rights and responsibilities regarding premarital and marital assets and debts, and what would happen should their marriage end in divorce or death.
Yes, prenuptial agreements are enforceable in California.
A pre-nuptial, or premarital agreement, is an agreement between two prospective spouses made before marriage and becomes effective when you and your spouse marry. So even though these agreements can have different names (prenup, prenuptial agreement or premarital agreement) they all mean the same thing.
Traditionally, prenuptial agreements are entered into where one party owns more assets than the other before they got married. They may also be entered into to protect assets that have been gifted to one party by their parents or assets that have been received by way of inheritance.
Most prenups tackle big questions like who keeps what property, whether theres alimony (spousal support), how to handle debt, what happens to inheritances and gifts, and even how finances will work during the marriage (joint bank accounts?). A prenup can offer peace of mind and a chance to plan your future together.
A prenuptial agreement can be the foundation for a stronger, happier marriage. Creating a prenup helps couples to start their new life together on firm footing. Prenuptial agreements provide couples with a secure structure to have crucial conversations about their expectations and goals as a married couple.
An antenuptial agreement may include provisions that define the respective property rights of the parties during the marriage, or upon the death of either or both of the parties.