Prenups - Gordon Family Law

What is the process for getting a prenup?

In order to create an enforceable and valid prenup, there are several legal formalities.

• Both parties must be represented by separate independent attorneys,

• Both parties must fully disclose their finances (including any assets and debts), and

• The final form of the agreement must be provided to each party at least 7 days before signing the document.

Why would I want a prenup?

• You can protect your separate property. For example, if you own real estate or a business before marriage, a prenup can ensure those assets remain yours. This is especially important in California, where the increase in value of your separate property business during marriage—due to your active management—would otherwise be considered community property.

• You can create flexible spousal support arrangements. Instead of relying on default spousal support rules, a prenup can include a lump-sum payment or other customized terms based on the length of the marriage. This makes things clearer and more predictable for both parties.

• You can establish annual gifts or financial contributions. A wealthier spouse might agree to gift money each year to support shared expenses or personal savings. Or, if you own real estate or your own business before marriage, a prenup can ensure those assets remain yours AND at the same time you can agree to share a specific part of the increase in value of these assets during marriage.

• You can establish how to handle real property purchased during the marriage. A prenup can outline how new real estate will be treated, whether it becomes community property or remains separate. It can also define how to calculate its value in case of a divorce, including adjustments for things like down payments, mortgage payments, or market appreciation. This clarity reduces potential disputes and ensures fairness.

• You can agree to waive reimbursement for certain contributions. For example, if one spouse uses separate property to help purchase a shared asset, like a home, the prenup can ensure this contribution is treated as a gift rather than something to be repaid later.

• You can clarify how investments or income are divided. A prenup can specify whether income or dividends from separate property during the marriage will be shared or remain separate, reducing potential confusion.

With a well-drafted prenup, you’re not just protecting assets—you’re creating a clear, fair, and customized roadmap for your financial future together.

How much does a prenup cost?

The cost of a prenup can range between $2,000 - $7,500 per person. The cost depends on the sophistication of the agreement, the organization of the parties, and the collaborative nature of the opposing attorney. Typically, the attorney who drafts the premarital agreement charges more than the reviewing attorney, as drafting involves more time and effort in tailoring the agreement to meet the parties’ needs. Review fees are generally lower because the process focuses on advising the client on an already-drafted agreement and suggesting revisions. However, the final cost of review also depends on the complexity of the agreement and the extent of revisions needed.