Finan Family Law, APC | Torrance Prenuptial Agreement Attorney
Are prenups enforceable in California? Yes — but only if they are drafted and executed properly.
In Torrance, Manhattan Beach, Redondo Beach, Palos Verdes, Long Beach, and throughout Los Angeles County, prenuptial agreements are frequently challenged during divorce — and many fail.
CALIFORNIA LAW GOVERNING PRENUPTIAL AGREEMENTS
California prenuptial agreements are governed by the Uniform Premarital Agreement Act (UPAA) under Family Code §§ 1600–1617.
A prenup may be deemed invalid if:
- It was not entered voluntarily
- There was not full financial disclosure
- It is unconscionable
- It violates public policy
- Spousal support was waived without independent counsel
LACK OF VOLUNTARY EXECUTION
Red flags include being asked to sign days before the wedding, emotional pressure, or lack of meaningful review time. California law requires at least seven calendar days between presentation of the final agreement and signing.
FAILURE TO PROVIDE FULL FINANCIAL DISCLOSURE
Each party must disclose assets, debts, income, business interests, retirement accounts, investment accounts, and cryptocurrency. Incomplete disclosure can invalidate the agreement.
NO INDEPENDENT LEGAL COUNSEL FOR SPOUSAL SUPPORT WAIVER
If a prenup includes a waiver of spousal support, the party waiving support must be represented by independent legal counsel. Without it, the waiver is generally unenforceable.
UNCONSCIONABILITY AT THE TIME OF ENFORCEMENT
Even if valid when signed, a prenup can be invalidated if it is unconscionable at the time of divorce — for example, if enforcement would create extreme financial hardship.
IMPROPER DRAFTING OR BOILERPLATE TEMPLATES
Online templates often fail because they do not comply with California statutory requirements or lack proper disclosure schedules.
VIOLATIONS OF PUBLIC POLICY
A prenup cannot predetermine child custody or child support, penalize a spouse for filing for divorce, or include illegal terms.
CAN PART OF A PRENUP BE INVALID?
Yes. A court may strike specific provisions while enforcing the remainder of the agreement.
CHALLENGING OR DEFENDING A PRENUP IN TORRANCE & THE SOUTH BAY
At Finan Family Law, APC, we draft enforceable prenuptial agreements, review prenups before signing, and challenge or defend agreements in divorce proceedings throughout Torrance, Manhattan Beach, Redondo Beach, Hermosa Beach, Palos Verdes, Long Beach, and Los Angeles County.
SCHEDULE A CONFIDENTIAL CONSULTATION
If you believe a prenuptial agreement may be invalid — or you want to ensure yours holds up — strategic legal guidance matters, call Finan Family Law, APC at (424) 419-3067 or Click here to send us a request.
Finan Family Law, APC
Torrance Prenuptial Agreement Attorney
Serving the South Bay & Los Angeles County