Planning a wedding should be one of the most joyful times in your life, but it is also one of the most important moments to have honest conversations about your financial future together. At Gilligan, Frisco, Trutanich & Sarris LLP, our experienced Family Law attorneys understand that discussing a prenup is not about planning for the failure of your marriage, it is about building a stronger foundation for your marriage. We help couples throughout Los Angeles and Orange County create comprehensive premarital agreements that provide clarity, offer protection for both parties, and give peace of mind as couples begin their journey together.
Crafting a prenuptial agreement can feel overwhelming during an already emotional time, but it does not have to be too difficult to undertake. At Gilligan, Frisco, Trutanich & Sarris LLP, our combined decades of experience guide clients through every stage of the prenuptial agreement process with patience, respect, and a strategic approach tailored to the individual financial and personal circumstances. We understand that discussing a prenup is not about preparing for failure, it is about building transparency, trust, and a strong foundation for your marriage.
Prenuptial agreements allow couples to define their financial rights and obligations in advance. We assist clients throughout Southern California, including Los Angeles and Orange County, to prepare personalized premarital agreements that reflect their goals, protect their assets, and provide peace of mind as they begin their lives together.
Premarital Agreements in California
A prenuptial agreement is a contract entered into before marriage that outlines how property, assets, and debts will be characterized and divided if the marriage ends. Under California’s Uniform Premarital Agreement Act, both parties must enter the agreement voluntarily, with full financial disclosures and adequate time to review its terms. Independent legal counsel for each partner is strongly recommended to ensure fairness and enforceability.
California’s community property system means that in a divorce without a prenup, assets acquired during the marriage are presumed to belong equally to both spouses. For many couples, especially those entering a marriage with significant premarital assets, business interests, inheritances, or children from previous relationships, this default equal division structure does not reflect their personal situation. A prenuptial agreement allows couples to make their own decisions before entering the marriage rather than leaving the outcome solely to California laws.
Unique Complex Financial Considerations
Every couple has unique reasons for seeking a prenuptial agreement. Many want to protect premarital property, businesses, or family wealth; others want clear outcomes for debt allocation, future earnings and accumulations, or spousal support expectations. We help clients translate these concerns into clear, legally sound terms that reflect their long-term goals.
For business owners and entrepreneurs, a prenup can be particularly important. California law may treat increases in business value during marriage as community property, even if the business began as separate property. By addressing business valuation, income characterization, and management rights within the agreement, clients can prevent future disputes that could disrupt operations or affect partners, employees, or customers.
We also assist individuals who are blending families and want to ensure their children from prior relationships remain protected. Likewise, we guide clients who wish to clarify responsibility for substantial premarital debt or future financial obligations. A well-crafted prenuptial agreement can reduce conflict, minimize legal costs, and allow couples to move forward with confidence.
What a California Prenuptial Agreement Can and Cannot Cover
A California prenuptial agreement may address how community and separate property will be defined, how real estate and investment accounts will be handled, and how business interests or professional practices will be protected. It may cover ownership and management of financial assets, responsibility for debts, and expectations about spousal support subject to statutory limitations. Many couples also use prenups to clarify the treatment of retirement accounts, pensions, and long-term benefits.
However, a prenuptial agreement cannot determine child custody or child support. These matters are always decided based on a child’s best interests at the time of separation, and California courts retain exclusive authority over those decisions.
There may be issues that you have not yet considered in the process. Our decades of experience help clients identify those unrealized possibilities and work on proposals for resolutions that will be satisfactory to both parties.
Requirements for an Enforceable Prenuptial Agreement
At Gilligan, Frisco, Trutanich & Sarris LLP, our attorneys complete ongoing legal education each year to keep current with changes in California laws. This continuing education ensures that every prenuptial agreement drafted compliant with California law and enforceable, if ever necessary.
A valid California prenuptial agreement requires complete and honest financial disclosure from both parties, including documentation of income, assets, and debts. Our attorneys begin each matter with a confidential consultation to understand your goals, financial background, and concerns. We help you prepare comprehensive financial disclosures, evaluate complex assets with forensic accountants or valuation professionals when necessary, and draft a clear, thorough, and enforceable agreement.
We facilitate discussions between counsel to ensure both parties understand and agree to the final terms, and we oversee proper execution well in advance of the wedding date. The agreement must be signed voluntarily and well in advance of the wedding to avoid any appearance of pressure or duress. Although not legally required, each party should have their own attorney to review the agreement and ensure they fully understand its terms. The terms must appear fair and reasonable; a court may refuse to enforce an agreement that is unconscionably one-sided or negotiated under unfair circumstances. The agreement must be written, signed by both parties, and—although optional—ideally notarized.
Couples with substantial assets, business holdings, intellectual property, or international considerations benefit from our extensive experience with high-net-worth family law matters. Whether your financial picture is straightforward or highly complex, we provide guidance designed to protect your interests and support your future. The attorneys at Gilligan, Frisco, Trutanich & Sarris LLP take a stronger approach to enforceability. The bare minimum is not enough; we work closely with our clients and take the next step to secure a legally sound and enforceable document