How to DIY a Prenup in California

A prenuptial agreement is a legal contract signed by intending spouses to protect their property. Here’s how to DIY a prenup in California.

Prenuptial agreements rules and requirements are outlined by California’s Uniform Premarital Agreement Act (UPAA) and California law specifies that parties may create their own prenup. Often a legal background helps, but as long as the agreement follows all of the required specifications and terms, it will be valid. While there are plenty of legal template services and websites that will help you cumulate a prenup, it may be more expensive in the long run. Spouses should consider hiring an experienced attorney who can create a prenup efficiently and without mistakes.

10 Steps to a DIY Prenup in California

1. Consider if a prenup is right for the couple

Why a prenup?

Rarely do folks enter marriages with the expectation that it will fail, but in the case that it does, a prenup ensures that assets are protected and a clear financial path is paved. For spouses looking to DIY a prenup in California, they should be sure to decide if it is right for them. A prenup should be considered for:

Those with assets before marriage
Those with children and/or grandchildren
Those with an inheritance
Those pursuing a degree in a potentially profitable profession
Those with businesses
Those with debt before marriage

2. Meet California’s Requirements for Prenuptial Agreements

Under the UPAA, a prenup can be legally enforceable in California only if parties:

Possessed full disclosure and understanding of their spouse’s finances and property
Had 7 days to review the prenuptial agreement before signing it
Was represented by an independent attorney review OR made fully aware of the terms of the agreement and the rights or responsibilities to be nullified
Waived their right to a separate attorney through a separate document

3. Review potential costs

Depending on how the parties compile the prenup, costs can vary. Drafting the prenup beforehand and/or utilizing legal template services can help keep costs as low as possible. The average cost of an attorney for a prenup is $2500 but can reach above $10,000 if the party’s assets are more complicated. Hiring a lawyer to prepare a prenup might seem like a prohibitive cost but it is a cost that can save enormous sums and stress in the future.

4. Decide what is important

Discuss the terms desired by both parties and what will be included in the contract. Prenuptial agreements may include the following terms:

Rights and obligations each party has over any of their property, wherever it is located and acquired.
Rights to consume, exchange, lease, make a security interest in, mortgage, purchase, sell, use, transfer, dispose of, or control and manage the property in any other way.
Rights to handle the property in the event of a separation, divorce, death, or any other incident where property may need to be reassigned.
The creation of a will, trust, or other arrangement designed to execute provisions of the agreement.
Ownership rights and the disposition of any benefits from a life insurance policy.
The choice of law that will govern the authoring of the agreement.
Any other matters, including personal rights and obligations, that do not violate public policy or statute that would impose a criminal penalty. Related to: https://herlawyer.com/what-to-include-prenup/

5. Avoid discrepancies

Prenuptial agreements cannot include the following terms :

Anything illegal or against “public policy”
Any language requiring illegal acts of a spouse
Child-related decisions like child custody or child support
Any spousal maintenance requirements if the signing spouse opted out of receiving independent legal counsel
Unfair, unjust, exploitative or, deceptive terms
Non-financial requirements, such as demanding a weight loss or appearance changes
Any terms regarding the relationship

6. Decide on a Sunset Clause

Prenups are indefinitely valid unless stated otherwise in a “sunset clause” which predetermines a period of time for the validity of the prenup. Sunset clauses allow partners to feel secure while not feeling bound by a prenuptial after the marriage has proved to last.

7. Decide on an attorney

Whether it is to draft the prenup or simply review the agreement, consider hiring an attorney. A family law attorney can help you both discuss and draft the prenuptial agreement. One of our experienced family law attorneys can help you draft a clear, enforceable prenuptial agreement.

8. Ensure it is legally binding

According to UPAA, the following requirements must be met for the Californian prenuptial agreement to be valid:

A written contract
Lawful terms within the prenup
Provided fair, reasonable, and full disclosure of the property or financial obligations of the other party
Signatures from both conscionable parties
Signed voluntarily without coercion, intimidation, deceit, or duress
Signature from a notary
At least seven days to seek independent legal counsel before signing

Failure to complete any of the above requirements could invalidate the prenup.

9. Make copies of the agreement

Ensure the agreement is in writing and there are multiple copies. A copy should be made for both parties and a third should be kept with a third party or in a safety deposit box.

10. Sign the Agreement and Get Married

It is important for the couple to keep in mind that:

Witnesses must be present when signing
The contract should be signed in triplicate
The signed prenuptial agreement automatically goes into effect when the couple gets married