Getting married is a major milestone, and while most couples are focused on building a future together, some also consider how to protect that future. At Irwin & Irwin, we often counsel clients who are planning to marry and want to know whether a prenuptial agreement is appropriate.
What Is a Prenuptial Agreement?
A prenuptial agreement, often called a “prenup”, is a legal contract signed before marriage that outlines how certain issues will be handled in the event of divorce or death. This can include how property will be divided, how debts will be assigned, and whether spousal support will be paid.
In California, prenuptial agreements must follow strict legal requirements to be valid. Both parties must enter into the agreement voluntarily, with full disclosure of assets and liabilities. Each should have access to independent legal counsel.
Who Might Benefit From a Prenup?
While not every couple needs a prenup, it can be useful in many situations, including:
- One or both parties have significant assets or debts
- One party owns a business
- There are children from a prior relationship
- One spouse plans to be a stay-at-home parent
- There is a large difference in income or earning potential
Even younger couples just starting out may want to outline how they plan to handle finances, especially if one is taking on student loans or expects to receive an inheritance.
What a Prenup Can and Cannot Do
A prenup can clarify:
- How community and separate property will be defined and divided
- Whether either party will pay spousal support, and under what conditions
- How future earnings and investments will be treated
However, there are limits. A prenup cannot decide child custody or child support in advance. Courts always retain the authority to make decisions based on the best interests of the child at the time of separation. A prenup that is grossly unfair, or signed under pressure, may not be enforceable.
Is Signing a Prenup a Sign of Distrust?
A prenuptial agreement is not a prediction that the marriage will fail. It is a tool to create clarity and reduce conflict if something unexpected happens. Discussing financial expectations before marriage can actually strengthen communication and understanding between partners.
At Irwin & Irwin, we work with clients to create fair and enforceable prenuptial agreements that reflect their goals and protect their interests. If you are considering a prenup, we can help you understand what it involves and whether it makes sense for your situation.
Contact Irwin & Irwin today to schedule a consultation and learn more about your options before marriage.
