Key Terms to Include in a Strong Prenuptial Agreement in California
Once you and your partner decide to create a prenuptial agreement, the next question is: what exactly should go into it? California gives couples a wide degree of freedom, but the terms must be clear, fair, and lawful.
Below are the most common clauses that help protect both partners and reduce ambiguity in the future.
1. Asset and Debt Classification
Specify what is:
- Separate property (owned before marriage)
- Community property (acquired during marriage)
- Mixed property, such as a home one spouse owned before marriage but both contribute to later
This section provides clarity when couples own real estate or businesses in Santa Clarita or elsewhere in California.
2. Protection of Premarital Businesses
If either spouse owns a business—real estate, a small company, a franchise, or a professional practice—the prenup can define:
- How growth is treated
- Whether the other spouse gains ownership
- How income and debt are divided
This prevents complicated disputes later if the business grows.
3. Management of Income and Expenses
Prenups often clarify:
- How income earned during marriage will be used
- Whether joint or separate bank accounts will be maintained
- Responsibility for debts, investments, or large purchases
This section helps couples avoid future misunderstandings.
4. Spousal Support Terms
California allows prenups to include spousal support agreements as long as they are fair at the time of enforcement.
Courts may reject spousal support clauses if:
- One partner lacked legal representation
- The term would be unconscionable at divorce
- There was pressure or imbalance during negotiation
Well-drafted language avoids these issues.
5. Treatment of Future Assets
Couples can also plan ahead by detailing how to handle:
- Future property purchases
- Inheritances
- Retirement accounts
- Stock options or bonuses
These forward-looking provisions are especially useful for couples building wealth in Santa Clarita’s competitive housing and job market.
6. Dispute Resolution Preferences
A prenup may include preferences such as:
- Mediation before litigation
- Which county's courts will handle disputes
- How future amendments should be made
This gives couples a clear roadmap if conflicts ever arise.
If you're unsure which clauses you need or want the agreement reviewed for fairness and enforceability, our attorneys can walk you through the process so both partners feel protected and informed.