Pre-Nuptial Agreement

A Pre-Nuptial Agreement (commonly called a “prenup”) is a legally binding contract entered into by two people before marriage. It defines how finances, assets, debts, and property will be handled during the marriage and in the event of divorce or death.

In California, prenups are governed by the Uniform Premarital Agreement Act (UPAA) and can address:

• Rights to current or future property
• Spousal support terms
• Debt responsibility
• Inheritance protection for children from prior relationships
• Business ownership interests

A prenup isn’t about expecting divorce—it’s about creating clarity, transparency, and financial harmony for your marriage.

How the Pre-Nuptial Agreement Process Works

Here’s a step-by-step breakdown of how we help clients create enforceable and respectful prenuptial agreements:

✅ Step 1: Confidential Consultation

We begin with a one-on-one strategy session to understand your goals, concerns, and the assets you wish to protect.

✅ Step 2: Full Financial Disclosure

Each partner is required to provide a complete and honest disclosure of their assets, debts, income, and property.

✅ Step 3: Drafting the Agreement

We draft a customized, legally sound prenup that reflects your intentions. Common elements include:

• Property ownership
• Division of future earnings
• Business protection
• Spousal support provisions
• Retirement accounts and real estate planning

✅ Step 4: Review & Revise

Both parties must have time to review the agreement independently. We recommend that each partner retains their own attorney to avoid enforceability issues later.

✅ Step 5: Finalization & Signing

The agreement is signed well in advance of the wedding, ideally at least 7 days after it is presented to both parties, to ensure enforceability.

What to Expect Emotionally & Legally During the Pre-Nuptial Agreement Process

Discussing a prenup can be emotionally sensitive. You may be feeling:

• Nervous about your partner’s reaction
• Unsure if raising the topic will damage trust
• Confused about what a prenup can and cannot do
• Protective of family assets, children, or a business

Here’s what you can expect from us:

• A respectful, non-confrontational process that preserves the strength of your relationship
• Balanced and fair terms that serve both partners
• Complete discretion and clarity throughout the drafting and review
• A clear path to protecting your future, together

What Makes Fernandez Family Law Different

At Fernandez Family Law, we view prenups as a practical act of love and wisdom, not mistrust.

Here’s why clients across the Central Coast choose our firm:

• ✅ Local Experience You Can Trust – We understand California’s prenup laws and what courts require for enforceability.
• ✅ Tailored Agreements, Never Templates – Every prenup is built from scratch to reflect your assets, intentions, and relationship.
• ✅ Compassionate, Respectful Counsel – We guide you through this important process with empathy and clarity.
• ✅ Discreet and Efficient – We handle every step with professionalism, privacy, and precision.

Speak to a San Luis Obispo Family Law Attorney Today

Whether you’re engaged and planning ahead or already considering a post-nuptial agreement, the time to secure your future is now.

At Fernandez Family Law, we help couples across San Luis Obispo, Santa Maria, and the Central Coast create smart, secure, and respectful pre-nuptial agreements.

📞 Call today to schedule a confidential consultation.
Protect your future. Honor your love. Plan wisely—together.