Why You Need an Attorney for Prenuptial Agreements in California

Jim Williams • September 11, 2023

Marriage is an exciting and joyous occasion. However, it is also a legally binding agreement. While most couples don't like to think about the possibility of a divorce, it is crucial to be prepared for all eventualities. This is where a prenuptial agreement comes in handy. A prenup is a legal document that outlines how any assets, debts and property accumulated during the marriage will be split, in case of divorce. Although prenups were previously considered something only for the rich, nowadays, they are becoming increasingly common, even among middle-class Californians.


1. Knowledge and Expertise: An experienced attorney can guide you through the prenuptial agreement process and ensure that your interests are protected. Since an attorney has an in-depth understanding of California’s laws, they can help you design a prenup that is legally sound and enforceable. In addition, an attorney can ensure that you consider all legalities and that your agreement does not violate any applicable laws. 


2. Avoid Disputes: By hiring an attorney to write your prenup agreement, you can avoid potential disputes. In many cases, a prenup can become invalidated if it’s not structured correctly or if there were omissions or mistakes. To avoid these issues, it’s essential to hire an attorney who understands the legal nuances and requirements.


3. Customize your Prenup: One of the best things about working with a lawyer is that they can tailor your prenup to meet your specific needs and situation. An attorney can provide recommendations for clauses, taking into account your financial circumstances, as well as non-monetary issues such as future kid’s custody or inheritance rights.


4. Save Money: While it might be tempting to go with an online form, this can be a false economy. Although this might seem to be an affordable option at the outset, a prenup that is not constructed correctly due to a lack of legal expertise and experience can lead to disputes and ultimately divorce costs that can exceed those of creating your prenup with the help of a lawyer. 


5. Objective Arbiter: An attorney serves as an objective party and mediator who can help you and your partner negotiate and communicate your goals and expectations. They can help you work through conflicts that may arise during the prenuptial process and ensure that both parties have had the benefit of legal advice before signing off.


In California, prenuptial agreements are an important tool for couples to consider before making a lifelong commitment. The state has specific laws and requirements that must be followed if you want your agreement to be legally valid and enforceable. Hiring an attorney to help you prepare a prenuptial agreement is always crucial. They provide you with knowledge, expertise, and legal representation that ensure a fair and equitable agreement that protects both parties. A prenup is an investment in your relationship and can save you from expensive and long-lasting litigation in the future.

A judge is holding a gavel in front of a statue of justice.
July 29, 2025
Learn what to do if your ex isn’t following a California family court order. Discover enforcement options and how Williams, Drexler, & Mand PC can help you protect your rights.
A scale of justice is sitting on a wooden table next to a judge 's gavel.
May 30, 2025
Missed child support payments in California can lead to garnished wages, license suspension, and jail time. Williams, Drexler, & Mand PC helps parents modify orders and navigate enforcement issues.
May 1, 2025
Wondering how long spousal support lasts in California? Learn how marriage length, court discretion, and life changes affect alimony duration. Williams, Drexler, & Mand PC can help.
A statue of justice is sitting on a wooden table.
March 21, 2025
Learn when and how child custody orders can be modified in California. Williams, Drexler, & Mand PC helps parents seek custody changes that reflect their child's best interests.
February 19, 2025
What to Do After Being Served with Divorce Papers in California
January 30, 2025
How Is Marital Property Divided in a California Divorce?
A woman is holding two wedding rings in her hands.
December 19, 2024
This post explores three key reasons why couples in California might consider a postnuptial agreement. You’ll learn how these agreements clarify asset ownership, outline financial roles, and help reduce stress if divorce ever becomes necessary.
A judge is writing on a piece of paper next to a gavel on a wooden table.
November 14, 2024
Consequences of Failing to Pay Spousal Support in California
October 23, 2024
What Are the Required Documents to File for Divorce in California?
June 24, 2024
How is Child Support Determined in California?