Prenuptial Agreements And The Definition Of Marriage
What Engaged Couples Need to Know about Prenuptial Agreements
Newly engaged couples and couples considering getting married are likely focused on love and family planning. Very quickly the focus shifts to choosing a wedding date, selecting a venue, inclusion (and exclusions) on the guest list, registries, and honeymoon plans – and rightfully so. It is a wonderful and exciting time in their lives. However, many couples don’t fully understand how marriage changes their legal rights and responsibilities under California law.
The idea of discussing the law before or after an engagement feels unromantic and taboo, and possibly creates tension–”are they going to ask me to sign a prenup? Do they not trust me? Are they not planning to live together forever? Do they not love me as much as I love them?”
The lack of knowledge regarding “marriage law” and the purpose of prenuptial agreements cause people to altogether avoid the subjects.
The primary reason to consider a prenuptial agreement is to educate yourself on the laws encompassing marriage in California. We say “consider” because your newly gained understanding of how marriage impacts your legal rights and responsibilities will inform whether you and your spouse desire to alter those rights for the better. Without a premarital agreement in place, the terms of your “marital contract” are defined by statute and both you and your spouse may not agree with what California’s legislature has set for the default terms of that contract.
The avoidance and fear of premarital agreements creates surprises, whether you divorce or not, and understanding your legal options before saying “I do” can actually strengthen your relationship by encouraging open communication about finances, property, and future plans.
What Is a Prenuptial Agreement? (Legal Definition)
A prenuptial agreement is a legally binding contract created by two people before entering into marriage. Under California Family Code Section 1610-1617, these agreements establish the property and financial rights of each spouse during the marriage and upon divorce, legal separation, incapacity, and death.
In San Diego and throughout California, prenuptial agreements can address various aspects of property division and financial support, but they cannot predetermine child custody or child support arrangements. California courts maintain jurisdiction over matters affecting children to ensure their best interests are protected.
A valid and enforceable prenuptial agreement in California has strict drafting requirements and procedural steps that must be followed or else you risk reverting to California’s default rules. Obtaining an attorney to ensure these formalities are adhered to is a critical step of the process.
The Purpose of Prenuptial Agreements
Contrary to popular belief, prenuptial agreements aren’t just for the wealthy, or people that “have stuff” at the start of their marriages. The purpose of a prenuptial agreement extends far beyond “divorce planning,” including but not limited to::
- Defining Property Rights: Marriage in California creates community property rights. A prenup can clarify which assets remain separate and which will be shared.
- Protection from Debts: A prenuptial agreement can set forth a plan for each person’s pre-existing or future debts.
- Protecting Business Interests: For San Diego entrepreneurs, a prenup can ensure business ownership remains unaffected by marital status.
- Preserving Family Assets: Protecting inheritances or family businesses to ensure they remain separate property.
- Establishing Financial Responsibilities: Clarifying how finances will be handled during the marriage, including savings, investments, and major purchases.
Many San Diego couples find that the process of creating a prenuptial agreement leads to important discussions about financial values and goals, setting their marriage on solid footing from the beginning.
Who Benefits Most from a Prenuptial Agreement?
While any couple can benefit from the clarity a prenuptial agreement provides, certain situations make these agreements particularly valuable:
Business Owners
San Diego entrepreneurs and business owners often need to protect their business interests, ensuring company decisions remain unaffected by personal relationships.
High-Net-Worth Individuals
Those with significant assets or inheritances may want clarity about what remains separate property versus what becomes community property.
Individuals with Children from Previous Relationships
A prenup can help ensure that children from previous relationships receive their intended inheritance.
Those Entering Second (or Subsequent) Marriages
Couples who have been previously married often have established assets, retirement accounts, or support obligations that need protection.
Individuals with Professional Practices
Doctors, lawyers, and other professionals in San Diego may need to protect their practice and professional goodwill.
Couples with Significant Income Disparities
When one partner earns substantially more than the other, a prenup can establish fair financial arrangements.
Individuals with Family Wealth or Inheritances
A prenuptial agreement can ensure family wealth remains with the bloodline if that’s important to you.
Prenuptial Advantages
Advantages
- Financial transparency before marriage
- Protection of separate property brought into the marriage
- Clear delineation of how assets and debts will be shared and separated
- Protection for business interests and professional practices
- Preservation of estate plans and inheritance intentions
- Protection from each other’s debts
- Clarification of financial responsibilities during marriage
What Should Be Included in Your Prenuptial Agreement?
A comprehensive San Diego prenuptial agreement typically addresses:
- Property Division: Designation of separate and community property, both existing and future
- Debt Allocation: How premarital and marital debts will be handled
- Spousal Support: Whether, how much, and for how long support might be paid
- Business Interests: Protection of business ownership, appreciation, and income
- Retirement Benefits: How retirement accounts and pensions will be treated
- Inheritance Rights: Protection of inherited assets and family heirlooms
- Real Estate: Treatment of homes owned before marriage and those purchased during marriage
- Investment Accounts: Designation of separate versus joint investments
- Estate Planning Provisions: Ensuring alignment with wills and trusts
- Procedure for Amending the Agreement: How changes can be made after marriage
San Diego couples should note that California has specific requirements about what can and cannot be included in prenuptial agreements. For example, provisions that:
- Violate public policy
- Encourage divorce
- Restrict child support or custody
may be deemed unenforceable by San Diego courts.
Common Reasons Prenuptial Agreements Are Voided
In San Diego County and throughout California, prenuptial agreements can be invalidated in whole or in part for several reasons, including but not limited to:
- Insufficient Financial Disclosure: Hiding assets or debts
- Coercion or Duress: Signing under pressure
- Unconscionable Terms: Agreements that are grossly unfair
- Improper Execution: Not following legal formalities for signing
- Inclusion of Unenforceable Provisions: Like predetermining child custody
- Fraud: Misrepresentation of important facts
To ensure your prenuptial agreement will stand up in San Diego courts, work with experienced family law attorneys who understand California’s specific requirements.
Prenuptial Agreement FAQs
Why would anyone want a prenup?
People choose prenuptial agreements for clarity, protection, and peace of mind. Rather than planning for failure, a prenup acknowledges that marriage has legal implications beyond the emotional commitment and establishes clear expectations about property and finances.
Are prenuptial agreements a good idea?
For many San Diego couples, yes. They provide clarity, encourage financial transparency, and can prevent costly disputes later. Whether a prenup is right for you depends on your specific circumstances, assets, and goals. You and your future spouse may agree that California’s default rules align with your values and future goals and, as a result, you may decide not to prepare a premarital agreement.
What is the concept of a prenuptial agreement?
At its core, a prenuptial agreement recognizes that marriage is both an emotional and legal relationship. While state law provides a default “marital contract,” a prenup allows couples to customize certain financial and property aspects of that contract to better suit their situation.
What is Marriage Under California Law?
Many people define marriage as a promise between two people to love and cherish each other through good and bad times. While this emotional definition is beautiful and necessary for a successful relationship, marriage also has specific legal implications in California.
Under California law, marriage is a contract between two people that, among other legal implications:
- Creates community property rights to assets acquired during marriage
- Establishes financial responsibilities toward each other
- Creates a fiduciary relationship with duties similar to business partners
- Affects inheritance rights
- Creates legal next-of-kin status
- Impacts tax filing status
- Establishes potential spousal support obligations
The terms of this contract are found in the California Family Code and associated court opinions. No individual should enter into a contract without understanding its terms, and marriage is no exception.
Why Choose Naimish & Lewis for Your Prenuptial Agreement
At Naimish & Lewis, our experienced San Diego family law attorneys understand both the legal and emotional aspects of prenuptial agreements. We pride ourselves on:
- Specialized knowledge of California family law
- Compassionate approach to sensitive discussions
- Straightforward communication about your rights and options
- Balanced perspective that protects your interests while preserving relationship harmony
- Extensive experience with San Diego County courts and judges
We believe that prenuptial agreements should strengthen relationships through honesty and clarity, not create tension or distrust. Our approach focuses on education, communication, and fair solutions that work for both partners.
Understanding your rights, responsibilities, and options regarding marriage in San Diego is an important step toward a strong foundation for your life together. A prenuptial agreement isn’t about planning for failure—it’s about making informed decisions about your financial future as a couple.
Educating yourself and your future spouse on the terms of the marital contract can and should be a bonding experience. You may decide that California’s default marital property laws work perfectly for your situation, or you may choose to customize certain aspects through a prenuptial agreement.
Our family law team at Naimish & Lewis can advise you on this and other family law matters. To schedule an initial consultation with an attorney at our firm, please contact us at (555) 123-4567 or through our website.
