Prenuptial Agreements Lawyers

Marriage is not just a romantic commitment—it’s also a legal and financial partnership. In the event of a divorce, even an amicable one, dividing assets and determining financial responsibilities can quickly become complex and emotionally draining—especially when significant assets, family-owned businesses, or children from previous relationships are involved.

That’s where a prenuptial agreement—commonly known as a prenup—comes in. A prenup allows couples to define financial expectations and protect individual assets before marriage, helping to avoid disputes and costly litigation if the relationship ends. Whether you’re planning for marriage or already navigating a divorce with an existing agreement in place, working with an experienced Los Angeles prenuptial agreement attorney is essential.

At The Sands Law Group, APLC, our family law team—led by attorney Thomas Sands—provides clear, strategic legal guidance to individuals and couples across Los Angeles County. We help you create or evaluate prenuptial agreements that are enforceable under California law and tailored to your unique financial situation.

We are committed to making high-quality legal services accessible to everyone. Our multilingual staff offers support in English, Spanish, Hebrew, French, and Arabic, and we provide free, confidential consultations to help you get started with confidence.

Married couples sometimes hold jointly-owned property, such as vehicles, bank accounts, retirement accounts, the family home, a vacation home, and even a business. If they divorce, both jointly-owned property and property in only one spouse’s name must be divided, and there are very specific laws in California stipulating exactly how this is to be done.

In some cases, the couple will agree on how to divide assets, and the process will be less complex and contentious. More often than not, however, there is some debate over who gets what, and sometimes this “debate” can get quite messy. Fortunately, with the help of an experienced Los Angeles prenuptial agreement lawyer, property division in a divorce doesn’t have to be a nightmare. 

If you are considering getting married in California, it is worth considering a prenuptial agreement (commonly referred to as a prenup). A prenuptial agreement is a legal document that outlines the distribution of assets, debts, and other financial matters in the event of a divorce or separation. While not everyone may need a prenup, it can offer important protections and benefits for couples entering into marriage.

Here are some reasons why you might want to consider a prenuptial agreement in Los Angeles:

1. Protection of Separate Property: A prenup allows you to specify which assets and debts are considered separate property and should be retained by each spouse in case of divorce. This can be especially valuable if you own significant assets, such as real estate, business interests, or inheritances, that you want to ensure remain separate from marital property.
2. Clarifying Financial Rights and Responsibilities: A prenuptial agreement can outline financial expectations during the marriage, including the division of household expenses, management of joint finances, and potential support obligations. This can help prevent disputes and misunderstandings about financial matters throughout the marriage.
3. Protecting Business Interests: If you own a business or anticipate starting one, a prenup can establish how the business will be handled in the event of divorce. It can define each spouse’s rights and responsibilities regarding the business and help safeguard its continuity and value.
4. Preserving Family Wealth: If you come from a family with substantial assets, a prenup can protect your family’s wealth and inheritance rights. It can specify that certain assets should remain within the family or have limited distribution in case of divorce.

It’s important to note that a prenuptial agreement should be carefully drafted and executed to ensure its enforceability. Both parties should seek independent legal counsel to ensure their rights and interests are protected. Consulting with an experienced family law firm in Los Angeles, California, can provide you with personalized advice based on your specific circumstances and help you make an informed decision about whether a prenuptial agreement is right for you.

California is a community property state, which means that any property accumulated during the marriage (community property) will generally be divided 50/50 between the divorcing spouses. California is one of only nine community property states. Community property typically includes anything that the couple bought or acquired together during the marriage, but excludes assets owned by only one spouse, before the marriage.

This, however, is the default law, and a properly drafted prenuptial agreement should take precedence over the default laws. Let’s say that Jane and Gary start a business together, but a prenuptial agreement drafted prior to the marriage stipulates that all business interests and assets will go to Jane if the couple gets divorced. Without the prenup, the business would have been divided 50/50 based on California’s community property laws, but with the prenup, Jane will get 100 percent of the business, and Gary will walk away empty-handed.

Although a prenuptial agreement can be a highly-effective tool for managing property division in a potential divorce, a poorly drafted prenup, or one that does not follow state laws and guidelines, could be a completely useless piece of paper. The laws around property division and prenuptial agreements are complex, and it is in your best interest to consult with an experienced Los Angeles agreement attorney if you have questions about how these laws will impact your unique situation.

Similar to the various criteria that a prenuptial agreement must meet, there are several provisions that a prenup cannot contain.

The following items must not be included in a prenuptial agreement, and a court will reject the agreement if it contains any of the following:

• Provisions relating to child custody or child support
• Obligations for spousal support if the signing spouse waived their right to legal representation
• Clauses requiring a spouse to engage in unlawful activities
• Unjust, exploitative, misleading, or inequitable conditions
• Non-financial provisions, such as mandates that one spouse lose weight or modify their appearance
• Terms relating to the couple’s relationship.

The couple has the option to alter or surrender their rights to spousal support during a divorce, as long as the end outcome is not deemed “unconscionable”. The extent of what is considered unjust remains unclear, although if the circumstances were extreme – for example, if one spouse would be left impoverished while the other had plentiful means to provide support – the court would likely invalidate the agreement.

Not only can a spouse waive spousal support, but they can also come to an agreement regarding the character of separate or community property. For instance, a house owned solely by one spouse before the marriage would normally remain their separate property in the event of a divorce. However, the couple can choose to convert it to community property through mutual consent.

Moreover, spouses can reach an agreement that categorizes “community property” – such as income earned during the marriage, which would typically be divided evenly in case of a divorce – as separate property. They can also renounce inheritance rights and incorporate specific terms into a will or trust, provided that the rights of any minor children to receive support are not negatively impacted. In instances where a parent has children from a previous marriage, they may wish for their new spouse to waive inheritance rights to ensure that the assets will be transferred to the children.

A prenuptial agreement (prenup) is a legal contract created before marriage that outlines how property, debts, and other financial matters will be handled in the event of divorce or death. In California, prenups are governed by the Uniform Premarital Agreement Act (UPAA) and must meet specific legal standards to be valid and enforceable.

If properly drafted and executed, a prenuptial agreement can offer clarity, reduce future conflict, and protect both parties’ interests—especially in high-asset marriages or blended families. Whether you’re marrying for the first time or entering a second marriage, a well-crafted prenup can offer peace of mind and financial security.

A prenuptial agreement in Los Angeles County can address the following:

• Division of property and assets acquired before or during the marriage
• Responsibility for debts, including credit cards, student loans, or business liabilities
• Spousal support (alimony)—whether it will be waived, limited, or agreed upon in advance
• Rights to family businesses, real estate, investments, or intellectual property
• Inheritance rights and provisions for children from previous relationships
• Management of income and expenses during the marriage

However, California law prohibits prenuptial agreements from determining child custody or child support, as those decisions must be made in the child’s best interest at the time of separation or divorce.

At The Sands Law Group, APLC, our Los Angeles prenuptial agreement attorneys, led by Thomas Sands, ensure that every agreement we draft is legally sound, tailored to your unique circumstances, and positioned to withstand future legal scrutiny. Whether you’re protecting generational wealth or simply aiming for transparency with your future spouse, we’re here to help.

While prenuptial agreements are generally enforceable under California law, there are specific circumstances where a court may find a prenup—or certain provisions within it—invalid or unenforceable. If you’re in Los Angeles County, it’s crucial to work with an experienced prenuptial agreement lawyer to ensure your agreement complies with all legal requirements.

Under the California Family Code, a prenup may not be enforceable if:

• It was signed under duress or without full consent – Both parties must enter the agreement voluntarily. If one party was pressured, misled, or coerced, the prenup can be challenged.
• There was no full financial disclosure – Each party must fully disclose their assets, income, and debts before signing. Failure to do so can make the agreement unenforceable.
• The agreement is grossly unfair or one-sided – Courts may refuse to enforce terms that are unconscionable or that would leave one spouse financially destitute.
• The parties didn’t have time to review the agreement – California law requires that both parties have at least seven days to review the prenup before signing, especially if they did not have independent legal counsel.
• One or both parties didn’t have legal representation – While not required, having separate legal counsel for each party significantly strengthens the enforceability of the agreement.
• Provisions attempt to predetermine child custody or child support – California courts will not uphold any prenup terms that attempt to dictate custody or child support, as those must be decided based on the child’s best interests at the time of separation.

At The Sands Law Group, APLC, our Los Angeles prenup attorneys, led by Thomas Sands, carefully review and draft agreements to ensure they meet California’s legal standards and protect your interests long-term. We help clients avoid common pitfalls that can make a prenup vulnerable to challenge in court.

If you have questions about property division, prenuptial agreements, or need help enforcing an existing prenup during divorce, the experienced legal team at The Sands Law Group, APLC is here to support you. We’ve guided countless clients through life transitions with efficiency, compassion, and cost-conscious solutions.

Our Los Angeles prenuptial agreement attorneys will work closely with you to protect your rights and help you make informed decisions every step of the way.

Contact us online or call 213-788-4412 today to schedule your free, confidential consultation. We’re here when you’re ready.