So, you’re getting married in California? Congrats! Between venue tours and cake tastings, you’ve probably stumbled across a less sparkly but very smart item on your to-do list: the prenup. Not as glamorous as picking out a signature cocktail, but arguably more important than the champagne toast. Prenups are growing in popularity and are now commonly seen as a loving, practical, and empowering step to take with your fiancé before saying “I do.” But, exactly how much does one of these actually cost? And, do I really need a prenup? You’re in the right place to find the answers to these questions. Keep reading to get your answers and to learn more about prenups!
How much does a prenup cost in California?
So, what is this important piece of legal protection going to cost you in the Golden State? The short answer is, “It depends.” The longer answer is what we’re here to unpack. On average, couples in California can expect to spend anywhere from $2,500 to $10,000 on a prenuptial agreement. If you have complicated finances like a business, multiple properties, or trust funds, that figure can rise well above $20,000. On the lower end of the spectrum, a basic agreement between two partners with modest assets might fall closer to $5,000. If you’re curious how the California prices stack up against the rest of the U.S., according to a HelloPrenup survey of family law attorneys across the country, the national average for a prenup for both parties is approximately $8,000.
So why the wide range?
The cost of a prenup depends on multiple factors, including the complexity of you and your partner’s financial situation, and how much back-and-forth negotiation there will be between your attorney and your fiancé’s attorney. The reason the length of negotiations and time spent drafting the agreement matters is that most attorneys charge on an hourly basis. Another factor involved in the price of a prenup is the experience of your attorney. Lawyers who have many prenups under their belt and decades of experience will likely charge more than an attorney who just passed the bar exam a year or two ago. But, as you probably understand, with experience comes a breadth of knowledge and comfort in drafting important legal documents.
Hourly rate versus flat fee
Attorney’s hourly fees are the biggest factor in the cost of a prenup. In California, attorneys may charge hourly rates ranging from $200 to $1,000, depending on the city and the lawyer’s experience. In places like Los Angeles or San Francisco, those numbers can climb quickly. Some lawyers offer flat-fee packages, usually between $2,000 and $5,000 per person for a straightforward agreement, but remember that only holds if both parties are more or less aligned on the terms. If your prenup ends up becoming a back-and-forth negotiation with revisions and redlines flying across email threads, costs can escalate quickly.
Complexity drives cost. If you or your partner owns a business, expects a large inheritance, has international assets, or even just a significant investment portfolio, that’s going to require more legal analysis and often coordination with other professionals (i.e. CPAs, appraisers, or financial planners). Each of those steps adds to the bottom line, but also helps ensure the prenup is thorough and enforceable.
If you’re still hoping not to break the bank when drafting a prenup…there’s good news! Well-respected online prenup drafting platforms like HelloPrenup provide you with a personalized, state-abiding prenup for a fraction of the cost. At Helloprenup, you can receive a California prenup for a flat fee of $599, plus $699 to add on the services of a California-licensed prenup lawyer.
Do I even need a lawyer for a valid prenup in California?
At this point, I’m sure you’re wondering if there’s a way to get around hiring an attorney to draft a prenup. In California, you’re technically not required to hire two separate attorneys to represent yourself and your fiancé unless you’re modifying or waiving alimony (i.e., spousal maintenance). However, it is very highly recommended!
California has some of the strictest rules in the country when it comes to prenuptial agreements, and getting it wrong can mean your agreement isn’t worth the paper it’s printed on. Sections 1610–1617 of the California Family Code lay out the standards for a valid and enforceable prenup. At a minimum, to be enforceable:
- The agreement must be in writing.
- The agreement must be signed voluntarily by both parties.
- There must be full and fair disclosure of each partner’s financial situation.
- If you want to include a waiver of spousal support, something many prenups do, it’s required that both parties have independent legal counsel.
- There’s a seven-day waiting period. The final version of the agreement must be presented at least seven days before signing.
These strict legal guidelines shouldn’t scare you. They exist to help protect both parties, promote transparency, and make the process fair and equitable. But these rules also underscore why hiring qualified, experienced legal counsel isn’t just a luxury; it’s essential.
Is a prenup a good idea in California?
That question is easy to answer. Absolutely! When you get married in the state of California without a prenuptial agreement, you might as well agree upfront that half of what’s yours will be theirs if the marriage ends. California is a community property state. This means that without a prenup, anything acquired during the marriage is presumed to be split 50/50 if there’s a divorce. And while we’re raising cautionary flags, you should know that the separate property you had prior to entering the marriage is not entirely safe from being divided upon divorce!
This is when the term “commingling” enters the chat. In California, if your separate property is mixed with your marital property to a point where a court has a difficult time ascertaining which assets were originally separate, the court could find your separate property to have been inextricably mixed. At that point, a court will likely characterize your original separate property as marital property and distribute it equally upon divorce. So, in addition to being a community property state with an equal division of assets, California has the added personality quirk of commingling assets!
Is a prenup worth the cost?
You bet your bottom dollar! California’s legal rules regarding marital property can be a bit difficult to wrap your head around. And for many couples, it doesn’t match how they think about fairness, especially when one or both partners come into the marriage with their own financial story. If you’re about to get married and already own a home, have student loans you’re still paying off, have a startup you’re hustling to get off the ground, or even expect an inheritance in the future, a prenup would protect these assets from division if the marriage were to end. A prenup is a way to tailor the rules of marriage to your actual lives. With a prenup, you and your fiancé get to decide what happens to your assets and debt, not some unknown judge applying standard state law to your very personal and unique situation.
The bottom line on prenup pricing in California
In practical terms, if you’re a California couple with relatively straightforward finances and aligned goals, you might budget around $5,000 to $10,000 total split between two attorneys. If your situation is more complex, that number could climb, but so too does the value of having something tailored, strategic, and enforceable. Remember, you also have the option of visiting highly regarded prenup drafting platforms like HelloPrenup for an expertly-drafted prenup and legal services for a fraction of the cost.
A well-crafted prenup doesn’t just protect your finances; it protects your peace of mind. It forces important conversations around money, values, and life goals before marriage, not during a crisis. And while the initial sticker shock might give you pause, many couples find that the clarity and calm a prenup brings are well worth the investment.
Meredith Baker stands out as a seasoned lawyer, committed to delivering unparalleled service to each client through her vast expertise in business law, family law and civil litigation. Meredith loves contracts and working one-on-one with her clients. In fact, when she was a child, Meredith invented a game of “forms” for her family members. Everyone knew she would either be an attorney, or work for the DMV.
Meredith brings a wealth of experience in drafting, reviewing, and enforcing prenuptial agreements in New York, New Mexico, and California. Her practice draws on her understanding of the complexities of family law, paired with her ability to navigate the nuances of multi-jurisdictional legal matters. Her prior roles, including judicial clerkship, serving as associate counsel for an OIG and white collar securities attorney, have honed her ability to anticipate potential conflicts and protect her clients’ interests.
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