Discussing a prenuptial agreement before marriage can feel awkward, but for many couples, it’s a thoughtful (and practical) way to start their life together with clarity. One of the most common questions we hear is: “Do I need a lawyer for a prenuptial agreement?”
The answer is not necessarily! Understanding when legal counsel is required, when mediation may be sufficient, and how California law applies can help you make informed decisions that protect both partners.
What Is a Prenuptial Agreement?
A prenuptial agreement, sometimes called a premarital agreement or prenup, is a legal contract created before marriage that outlines how certain matters would be handled if the marriage ends through divorce or death.
A prenuptial agreement may address:
a. Division of assets and debts
b. Treatment of separate vs. community property
c. Spousal support expectations or waivers
d. Business interests or inheritances
In California, prenuptial agreements must meet specific legal requirements to be enforceable, including full financial disclosure and voluntary agreement by both parties.
Is a Lawyer for a Prenuptial Agreement Required in California?
Under California law, a lawyer for a prenuptial agreement is not always required, but there are important exceptions
If a prenup includes a spousal support waiver, each party must be represented by independent legal counsel at the time the agreement is signed. Without legal representation, that portion of the agreement may later be deemed “unenforceable”.
For other provisions, couples may choose to work through prenuptial mediation, often with optional attorney review before signing.
Can You Create a Prenup Through Mediation?
Yes. Prenuptial mediation is a popular option for couples who want a collaborative, respectful process rather than an adversarial one.
Through mediation, couples can:
✔ Discuss finances openly and transparently
✔ Identify shared goals and priorities
✔ Address concerns in a neutral setting
✔ Create balanced, mutually acceptable terms
Mediation should allow couples to work together with the guidance of a neutral professional who understands California family law and the legal framework surrounding prenuptial agreements.
When Hiring a Lawyer for a Prenuptial Agreement Is Strongly Recommended
While mediation works well for many couples, there are situations where consulting a prenup lawyer is especially important!
- You may want to involve a lawyer for a prenuptial agreement if:
- One or both partners have significant assets
- There is business ownership or professional practice income
- Inheritances or family wealth are involved
- One party is requesting a spousal support waiver
- There is a significant income (or power) imbalance
In these situations, legal advice helps ensure fairness, informed consent, and compliance with California law.
Why Timing Matters When Creating a Prenup
California requires that a prenuptial agreement be signed at least seven days after one party receives the final version of the agreement. Rushing the process can create legal risks and increase the chance that the agreement could be challenged later.
Starting early allows time for:
- Thoughtful discussion
- Revisions and clarification
- Optional legal review
- Reduced pressure on either party
Prenups created with care and transparency are far more likely to hold up if ever needed.
Does Wanting a Prenup Mean You Expect Divorce?
This is ONE of the most common misconceptions. In reality, many couples see a prenuptial agreement as a form of financial planning and communication, not a lack of trust.
A well-crafted prenup can set clear expectations, reduce uncertainty and conflict, protect both partners, and encourage honest financial conversations.
For many couples, mediation helps turn a potentially “uncomfortable” topic into a constructive, forward-looking discussion.
Moving Forward with Clarity and Confidence
So, do you need a lawyer for a prenuptial agreement? Legal guidance can provide valuable reassurance, especially in more complex situations.
If you’re considering a prenuptial agreement and want a respectful, collaborative approach, mediation may be the RIGHT place to start.
At West Coast Family Mediation, we help couples understand their options so they can choose a process that aligns with their values, goals, and legal needs.
Our team is here to help you navigate these conversations with clarity, transparency, and care. Have questions about prenuptial agreements or mediation in San Diego or California?
Schedule a FREE consultation today here to learn how we can support you as you plan for your future together.