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It is generally used to protect the assets of a wealthy spouse but also can protect a family business or serve other important purposes. A standard prenuptial agreement is about 9-10 pages long.

Prenups lack “consideration.” The lack of consideration in the contract will show up later when you most need it. For instance, the unfairness is evident when a divorce 30 years after the wedding, and one of the spouses (by mutual consent) has done most of the homemaking to the detriment of his or her career.

Requirements for a valid prenup In writing. The prenup must be in writing and not a verbal agreement. Both parties sign it. Both fiancés must sign the prenup. Notarization. Some states require this; some do not. Witnesses. Financial disclosure. Signed voluntarily. No unlawful terms. No unconscionable terms.

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If you don't sign a prenup, your marriage will be governed by a complex set of laws. In California, these laws are the California Family Code and Probate Code. The choice is between a set of rules negotiated by you and your fiancé, or those imposed by the State, over which you will have no control.

Whether a prenup is worth it depends on your situation and goals. Prenups are especially beneficial when one spouse has significantly more wealth or debt than the other. They provide clarity and protection, ensuring both parties have a clear understanding of financial expectations and responsibilities.

In other words, if you get divorced in California without a prenuptial agreement, you'll need to split all the assets you earned during the marriage right down the middle with your spouse, regardless of whether you were the primary earner or stayed at home.

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