STATE GUIDE · UPDATED 2026
Every OurPrenup agreement is built for the laws where you live.
Start your California prenupYes — prenuptial agreements are legally enforceable in California under the Uniform Premarital Agreement Act (UPAA) (CA Family Code § 1600). To be valid, the agreement must be in writing, signed voluntarily by both partners, and made with fair financial disclosure. It should be notarized (strongly recommended, though not legally required), and both partners should have a real opportunity to review it well before the wedding.
Most property acquired during the marriage is owned 50/50 unless your agreement says otherwise.
Yes. California enforces prenuptial agreements under the Uniform Premarital Agreement Act (UPAA). The governing law is CA Family Code § 1600. The agreement must be in writing and signed by both partners, entered into voluntarily, and made with fair financial disclosure.
Notarization is not strictly required in California, but strongly recommended — a notarized agreement is significantly harder to challenge in court, and OurPrenup's California signing instructions include it.
No — California does not require witnesses for a prenuptial agreement. Both partners' signatures (ideally notarized) are what matter.
Only if your agreement limits spousal support — California requires independent counsel for those terms specifically. Otherwise lawyers are recommended but optional.
Yes. California is a community property state — without an agreement, most property acquired during the marriage is owned 50/50. A prenup lets you set your own rules for what stays separate and what is shared.
Yes — California allows couples to set, limit, or waive spousal support in a prenup, subject to fairness review and statutory safety valves that protect a spouse from being left in hardship. OurPrenup offers a full waiver, payment formulas with amounts you choose, or leaving support to state law.
California takes disclosure seriously: each partner must give a full and fair picture of their assets, debts, and income before signing. Incomplete disclosure is the most common reason prenups get thrown out. OurPrenup builds sworn financial disclosure schedules for both partners into every agreement.
California law requires at least 7 days between the final draft and signing. Most attorneys recommend having the agreement finished at least 30 days before the wedding.
Attorney-drafted prenups in California commonly run $1,500–$5,000+ per couple. OurPrenup is a flat $599 per couple for a complete California-specific prenuptial agreement, financial disclosure schedules for both partners, a plain-language summary, and step-by-step California signing instructions — with optional online e-sign and notarization for $50.
Both parties review the final prenuptial agreement and all attached financial schedules.
Wait at least 7 calendar days after the final draft is presented before signing. Substantive changes restart the clock.
If the agreement modifies or eliminates spousal support, each party must have independent counsel.
If either party declines attorney representation, execute a separate written waiver of counsel.
Both parties sign the prenuptial agreement.
Have the agreement notarized. While California does not legally require notarization, we strongly recommend it. Notarized agreements are significantly harder to challenge in court.
Keep the original signed agreement in a safe location. Provide copies to both parties and their attorneys.
3 people total at signing
This guide is general information about California law, not legal advice. For advice on your specific situation, consult a licensed attorney in California. See our full legal disclaimer.
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