California: C
Statutes
California Family Code §§ 1610-1617
Separate Property
All assets can remain separate property, avoiding costly divorce settlements. Joint assets and debts titled in both names are split 50/50 as marital property.
Unconscionability at Execution AND Enforcement
Courts review unconscionability at execution (signing) AND enforcement (divorce), requiring a high level of alimony for a prenup to be enforceable. Marriage of Zucker (2022) rejected a prenup that paid the wife $6,000/month because she enjoyed a $60,000/month lifestyle during marriage. 10% was found too little, we think courts might accept 25-50% of statutory amounts (10-20% of payor’s income), but it remains at a judge’s discretion. If they disagree, the alimony modification will be rejected and the full statutory amount will apply (40% of payor’s income - 50% of recipient’s).
Timing
Mandatory seven-day waiting period between presentation of the final agreement and signing. We recommend signing 60+ days before the wedding with 10+ days to review. Reach out to an attorney 4-6 months before the wedding with your PerfectPrenup draft.
Independent Counsel
Independent counsel is REQUIRED. Spousal support waivers or limitations are unenforceable without independent counsel, regardless of fairness.
Financial Disclosure
"Full disclosure" of assets, debts and income is required, and waivers are heavily scrutinized. Disclose all assets over $1,000 so they aren’t split 50/50 later. PerfectPrenup includes a disclosure waiver, but don’t rely on it alone as California courts have a hostile approach to prenups.
Low Burden to Challenge
Challenging party bears burden of proof, but many avenues to invalidate: dual-review unconscionability for spousal support (execution AND enforcement), strict seven-day waiting period with no substantive changes, mandatory independent counsel for any spousal support provisions, full disclosure requirements heavily scrutinized, and no clear threshold for acceptable support levels (10% of statutory rejected too low). California is hostile to prenups, but the only thing worse would be to marry without one.
Child Support
Child support and custody clauses are unenforceable and could undermine the entire agreement. Do not include.
Case Law
California courts consistently invalidate prenups with large income/asset disparities and spousal support waivers that leave one spouse unable to maintain reasonable lifestyle, while upholding prenups between parties with similar financial positions.
In re Marriage of Zucker (2022) 75 Cal.App.5th 1025
Court struck down $6,000/month spousal support cap as unconscionable when husband earned $250,000/month—merely 10% of probable statutory award deemed "oppressive."
In re Marriage of Facter (2013) 212 Cal.App.4th 967
Complete spousal support waiver invalidated when attorney husband ($1M/year, $10M+ assets) divorced unemployed high school graduate wife with no assets after 16-year marriage due to "dramatic disparity" and "inequality of bargaining power."
In re Marriage of Miotke (2019) 35 Cal.App.5th 849
Mutual spousal support waiver enforced when both spouses had similar earning histories and wife had $107,000 net worth at signing despite not working at that time.
In re Marriage of Howell (2011) 195 Cal.App.4th 1062
Pre-2002 spousal support waiver upheld because 2002 Family Code amendments requiring independent counsel for support provisions were not applied retroactively.
In re Marriage of Cadwell-Faso (2011) 191 Cal.App.4th 945
Prenup signed 6 days (not 7) after final draft upheld when both parties represented by counsel throughout months-long negotiations—holding later prospectively superseded by AB1380 (2020).
In re Marriage of Hill & Dittmer (2011) 202 Cal.App.4th 1046
Prenup upheld against claims of fraudulent disclosure when evidence showed valid waiver and months-long negotiation period.
Last v. Superior Court (2023) Case No. G060943
Prenups are presumed involuntary and unenforceable unless trial court makes written findings that all Family Code §1615(c) requirements were satisfied.
In re Marriage of Clarke & Akel (2018) 19 Cal.App.5th 914
Seven-day waiting period begins when spouse receives the final draft of prenuptial agreement.