You might feel like a prenuptial agreement will destroy the romance in your relationship. Creates distrust – Although future spouses might trust each other, a conversation about a prenup can create distrust in the relationship. It might stir up strong negative emotions and create tension.

As long as your agreement fulfills California's legal requirements, the courts will consider it valid no matter how long you have been married. In fact, postnuptial agreements are most common among couples who have been married for years, as they understand better how much each party has to gain or lose.

California prenup law lets couples specify what property belongs to each spouse and how they'd like to distribute the assets in the event personal property is commingled with the marital estate.

Questions to Ask When Meeting with an Attorney for a Prenuptial Agreement How long have you been handling prenuptial agreements? What documentation or information will I need to provide in order to have the prenuptial agreement prepared? What are the options for debts or liabilities incurred during the marriage?

Prenuptial agreements in California must meet specific legal requirements. These agreements must be in writing. They must be voluntarily entered into. If the agreement was made due to physical force, coercion, threats or deception, it can be invalidated by a court when a party is trying to enforce it.

In California, both parties don't have to be represented by an attorney before signing a prenuptial agreement. However, the non-represented spouse-to-be must sign a written acknowledgement that he or she was advised to get a lawyer but has chosen not to.

A prenup becomes invalid if it does not follow the requirements of the UPAA. For instance, if one spouse signed the prenup under duress without having full knowledge of the assets and debts of their partner, or being forced to sign an agreement without an attorney, the prenup can be deemed invalid.