Thinking about tying the knot in LA? Congrats! Next step: Prenup. A prenuptial agreement, also known as a premarital agreement, is a legally binding contract established between two lovebirds who are planning on getting married. Prenuptial agreements can protect each person’s financial interests while also promoting marital harmony. But prior to entering into a prenup, it can be helpful for both parties to seek guidance from separate licensed attorneys who can answer any legal questions, add unique provisions, and review the agreement for fairness and enforceability. Let’s dive into everything you need to know about prenup lawyers in Los Angeles.
Who can benefit from a prenuptial agreement in Los Angeles?
Prenuptial agreements go beyond just rich people. For example, let’s imagine a couple has a combined net worth of $10,000. You might not consider them “rich” per se, but they do have something. Who gets it? Should it be 50/50? 60/40? I’m sure the couple would have some opinions on who should get what. Well, without a prenup, the state laws and the judge assigned to the case will decide. With a prenup, they can make that determination of who gets what portion of the $10,000.
Here are some other ways people can benefit from a prenuptial agreement:
- People with children from previous marriages who want to ensure their kids get all of their money, not a second spouse
- People with businesses to protect who want to ensure they aren’t required to pay their spouse any portion of the business’s assets
- Stay-at-home parents who want to ensure that they are financially protected in case of a divorce
- People with pets who want to ensure their pet stays in their custody in the event of a split
- People who expect to receive an inheritance and want to protect that money
- People who receive money from their parents and want to ensure that it doesn’t become joint property
The purpose of a prenuptial agreement is to ensure that the distribution of assets and property aligns with the couple’s intentions, rather than leaving such determinations in the hands of the courts. Who wouldn’t benefit from that?
What can a Los Angeles prenuptial agreement contain?
A Los Angeles (or any other California city) prenuptial agreement can specify what happens to property and assets in the event of divorce, and sometimes death. In California, an agreement can specify, for example:
- What property should be kept separate
- What property should be made joint
- How to handle gifts and family inheritances
- How business interests should be handled
- Responsibility for separate and shared debt
- Waiving certain rights (i.e. inheritance, will, alimony)
- How joint bank accounts should be handled
Just make sure to steer clear of any clauses regarding child custody or child support. These are the rights of the child, not the parent. A court will need to evaluate the situation at the time of the divorce and will not enforce these terms from within a prenuptial agreement.
California’s 7-day rule
In California, both parties must wait at least seven calendar days after creating the final draft of the premarital agreement before signing it. The reason for this is that it gives both future spouses the opportunity to each get independent attorneys (if they want or need them) to review the document to ensure what they are signing is fair. See Family Code section 1615(c)(2)(B)
Waiving spousal support in California
Another unique rule in California to be aware of is waiving spousal support (also known as alimony). If you waive spousal support in your California prenup, you MUST have a lawyer. If you don’t touch alimony in your prenup, you do not need a lawyer. In other words, waiving alimony in your prenup requires legal representation. (Cal Fam Code § 1612). This is because courts want couples to understand the potentially financially devastating impact of waiving spousal support—when you have an attorney, they can explain these implications to each party.
What makes a Los Angeles prenuptial agreement enforceable?
In California, prenuptial agreements are governed by California Legislative Code Division 4, Part 5 §2 -Premarital Agreements, which follow the UPAA Guidelines. In order for a California prenup agreement to be enforceable, it must be finalized in writing, signed, and notarized before marriage. Both parties must have possession of the agreement for no less than seven days before signing the agreement (“Seven Day Rule”). In addition, the agreement must be signed voluntarily, and both parties must attach a full disclosure of all assets and debts (in California, it is called a “Financial Schedule”).
Although hiring an attorney for your prenup is not required in California by default, it does become a requirement if you waive spousal support in your prenup. Plus, having a lawyer review your prenup or ask legal questions is a great tool for any prenup, regardless of your spousal support clause. If you do not want a lawyer, and you are not waiving spousal support, you must put that in writing. You must explicitly state that you are waiving your right to a lawyer in the actual prenup, and if you don’t, the prenup could be unenforceable.
What makes a Los Angeles prenuptial agreement unenforceable?
A prenuptial agreement is unenforceable in Los Angeles or any city in California if it includes provisions that violate California law or public policy or include provisions about child custody, child support, unlawful acts, incentives for divorce, or non-financial clauses such as weight gain clauses. A California prenup may also be unenforceable if it is deemed unconscionable (or unreasonably unfair or one-sided). Prenuptial agreements must also be entered into voluntarily by each party–no signs of fraud, duress, coercion, etc.
Notable cases in California with regard to prenuptial agreements
Let’s dive into some notable case law (i.e., court opinions) that help shape and interpret the law around prenuptial agreements in San Diego and the rest of California.
Barry Bonds sets an important precedent in California law on prenuptial agreements
Barry Bonds is a California legend. Okay, you know he was a baseball disruptor, but did you know he also inadvertently changed the prenup laws in California, too? When Barry Bonds and his ex-wife, Sun, an immigrant from Sweden, wed in a small impromptu wedding in Las Vegas, he had her sign a premarital agreement that had provisions for the waiver of spousal support and for keeping his property earned throughout the marriage separate. At the time the prenup was signed, Mr. Bonds had his attorneys present, while Sun had no legal representation. As you can imagine, Mr. Bonds earned quite a bit of money during the marriage due to his booming sports career. Meanwhile, Sun stayed home and raised their two children.
When the couple divorced, Sun challenged the enforceability of the agreement, stating she did not understand what she was signing due to her English skills, not being represented by an attorney, and she essentially signed under duress because she felt she had to sign it. The agreement was scrutinized by multiple courts regarding the enforceability of the contract. Eventually, the court ruled in Mr. Bond’s favor, finding that the agreement was enforceable. However, it led to legislation being drafted to clarify what needed to be in an enforceable premarital agreement. Unfortunately for Sun, she wasn’t able to benefit from the new legislation.
Some of the new legislative California laws stemming from this case include requiring seven calendar days between the final draft of the prenup and the signing of the agreement and an explicit written waiver for any waivers of legal representation. (In re Marriage of Bonds, 5 P. 3d 815 (2000))
An important lesson on spousal support in California
In Zucker v. Zucker, a California court clarified that spousal support waivers in prenuptial agreements can be struck down if they’re found unconscionable at the time of divorce. In this particular case, (In re Zucker, 2022), the couple married in 1994 after Mrs. Zucker agreed to a prenup capping spousal support at $6,000/month. Seventeen years later, with six children and Mr. Zucker’s net worth at $32 million, the court ruled the support amount was grossly insufficient and against public policy because she would actually require around $37,000 per month. Wow! This case confirms that California courts can invalidate spousal support waivers in prenups created after 1986 if the terms are unfair when enforced.
Differences in expenses: Traditional prenups vs. HelloPrenup costs
The average expense associated with obtaining a prenuptial agreement in the United States is approximately $8,000 per couple, according to a HelloPrenup Family Law Attorney Survey. This figure reflects the cost of pursuing a prenup through the “conventional” route of hiring a lawyer, as opposed to utilizing an online platform such as HelloPrenup for creating your prenup. Depending on your individual circumstances, the expenses related to a prenup can escalate to $10,000 or even more.
Finding a prenup attorney in Los Angeles
If you’re set on getting an attorney, where on Earth do you find one? Let’s dive into the procedure for locating a prenuptial agreement attorney in Los Angeles. Here are some tips to aid you in discovering an exceptional lawyer to assist you on your prenup endeavor, whether you use HelloPrenup in conjunction or not:
Initiate a Google Search
As with many things in life, you might begin your quest by utilizing the trusty Google search engine. Input search terms like “prenup attorney Los Angeles” or “California prenuptial agreement lawyer.” Take a look at the search results that pop up. Whatever you do, make sure to keep in mind that you need a family law attorney in Los Angeles who specializes in prenuptial agreements–No, not all family lawyers do.
Solicit Recommendations from Friends and Family
Recommendations from trusted friends, family, coworkers, and even acquaintances can be invaluable when seeking an excellent prenup attorney in Los Angeles. Reach out to your network of people who have previously engaged the services of a family law attorney in the Los Angeles area. Personal endorsements can provide key information about an attorney’s skills. Stress that you are searching for a lawyer who specializes in prenuptial agreements, as not all family law attorneys possess this expertise.
Consult the California Bar Association
Consult the California State Bar Association for referrals to reputable family law attorneys who specialize in prenuptial agreements. By exploring lawyer referral services offered by the California State Bar Association and narrowing down your search to family law attorneys practicing in Los Angeles, you will gain access to an extensive roster of qualified attorneys.
Getting Married in Los Angeles, California
All this prenup and lawyer talk, but what about the nitty-gritty of actually getting married in LA? From obtaining a marriage license to hosting a memorable ceremony, here is some information to help you navigate the process smoothly.
Obtaining a Marriage License
Before you tie the knot, you’ll need to obtain a marriage license from the Los Angeles County Registrar-Recorder/County Clerk’s office. Here’s what you need to know about that:
- Requirements: Of course, both future spouses must be of age, at least 18 years old, and not already married to each other or anyone else. Valid photo ID, such as a driver’s license or passport, is also required.
- Marriage License Application: As with most government documents, you will need to fill out some paperwork. You can complete the marriage license application online or in person at the Registrar-Recorder/County Clerk’s office. The application requires the usual stuff: personal information, including full names, addresses, and social security numbers.
- Fees: Ahh, don’t forget about cost! This small fee of around $91 is worth every penny to spend the rest of your days with your love.
Having a Ceremony
Once you have your marriage license in hand, it’s time to plan your wedding ceremony. With LA as your backdrop, the options are endless! Let’s discuss the details of having a ceremony and what’s formally required:
- Timing: A marriage license in LA is only good for 90 days, so make sure you plan your ceremony within that time frame.
- Venue: Whether you dream of a beachside ceremony, a garden wedding, or a simple courthouse event, Los Angeles has an array of venues to choose from.
- Officiant: You can’t just hire your BFF to marry you, the officiant has to be authorized in some way. You can have a religious or civil ceremony performed by a judge, clergy member, or other authorized officiant. Make sure your chosen officiant is legally authorized to solemnize marriages in California.
Returning the Marriage License
After your wedding ceremony, you’re not officially married just yet. Don’t forget the final step (and arguably the most important step): returning your signed marriage license to the issuing office. Here’s how:
- Signatures: Both parties, the officiant, and one witness (if desired) must sign the marriage license. The officiant is responsible for completing the marriage license and returning it to the county office.
- Timeframe: The marriage license must be returned for recording within 10 days after the wedding ceremony.
- Recording: The Registrar-Recorder/County Clerk’s office will record the marriage and issue an official marriage certificate, which serves as legal proof of your union.
The bottom line on prenups and prenup lawyers in Los Angeles
Well, there you have it, folks. From how to get legally married in California to the prenuptial agreement laws and so much more–you’re now officially a California prenup scholar. What’s next? Start the prenuptial agreement journey, of course! Make sure you chat with your future spouse on the next steps and that you both are aligned on getting this agreement done. And, remember, prenuptial agreements are about aligning with your future spouse on goals and allow you to walk into the marriage with a stronger foundation. Once you get that document inked, you can start planning the rest of your lives together. Happy planning!
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com
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