Your Local Resource for Prenuptial Agreements in Los Angeles, CA
At Law Offices of Kenneth U. Reyes, APC, we understand that every marriage and partnership in Los Angeles comes with distinct goals, financial backgrounds, and community considerations. Los Angeles County’s unique mixture of vibrant neighborhoods, thriving business hubs, and real estate markets means that many couples entering marriage bring significant assets and complex financial interests to the table. By working with an experienced prenuptial agreement attorney in Los Angeles, our clients receive agreements that are enforceable, thoughtfully drafted, and crafted to protect the interests that matter most for their future.
Contactthe Law Offices of Kenneth U. Reyes, APC by calling (213) 798-4854 to schedule a consultation with a knowledgeable prenuptial agreement attorney in Los Angeles!
Supporting Clients Every Step of the Way
What Is a Prenuptial Agreement?
A prenuptial agreement—often referred to as a prenup—is a legally recognized contract that couples enter into before marriage, setting forth how assets, property, and future income will be divided in the event of divorce or separation. Prenuptial agreements in Los Angeles are increasingly prioritized by couples with substantial assets, business ventures, intellectual property, or family inheritance concerns. By partnering with a prenuptial agreement lawyer in Los Angeles, you ensure the agreement is personalized, fully compliant with California law, and addresses specific community property rules relevant to L.A. County. Our team at Law Offices of Kenneth U. Reyes, APC collaborates closely with clients from every part of the city, recognizing how local living, business interests, and diverse cultures can influence the design of a fair and robust agreement.
Without a premarital agreement, the default under California Family Code Section 760 is that "...all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property." This creates unique challenges for higher-earning spouses or those who accumulate most of the assets during marriage—traditionally called the "in spouse." The "out spouse"—who may contribute to the marriage in non-financial ways—still receives half of all property accrued during marriage, even if the asset is held solely in one spouse’s name. For example, if you open a savings account in your name during the marriage and diligently contribute to it while your spouse spends their salary, your spouse is still entitled to half of the saved funds. Similarly, if you acquire property in Los Angeles under only your name or experience significant business growth after marriage, these assets remain subject to division under California’s community property law. Consulting a skilled prenuptial agreement attorney in Los Angeles is critical for ensuring your legal and financial priorities are addressed before marriage.
The Prenuptial Agreement Process in Los Angeles
Understanding the process for establishing a prenuptial agreement in Los Angeles is essential to protecting your assets and rights. The process begins with an in-depth consultation with an experienced prenuptial agreement lawyer in Los Angeles, where your individual goals, current holdings, and future interests are analyzed. At Law Offices of Kenneth U. Reyes, APC, clients benefit from our one-attorney-per-case commitment, meaning direct and clear communication from inception through execution. This ensures that your concerns, questions, and objectives are consistently addressed throughout the process.
In Los Angeles County, California law and local court requirements place particular importance on independent legal representation for both spouses and fully transparent financial disclosure. Our team manages every aspect: from initial negotiation and gathering disclosures to drafting agreements in compliance with the Uniform Premarital Agreement Act (UPAA), as well as addressing statutory requirements unique to our local jurisdictions. Both parties are given ample opportunity to review the agreement with their counsel, suggest revisions, and ensure clarity. Signatures are carefully witnessed and documented—especially for clients with real estate, business interests, or complex income streams in L.A. County. Throughout every phase, we draw on more than 46 years of combined legal and financial experience to deliver enforceable, comprehensive prenuptial agreements tailored to your circumstances.
Key Elements of a California Prenuptial Agreement
Strong prenuptial agreements in Los Angeles require careful attention to detail and full compliance with California law. Essential elements include thorough disclosure of all assets and debts, specific instructions regarding the division of property and potential spousal support, and provisions for the disposition of assets in the event of separation or death. Our team at Law Offices of Kenneth U. Reyes, APC works with clients to ensure their agreements address concerns unique to living in Los Angeles—whether that means handling multiple properties, business holdings, royalties, or creative works that are particularly common in the L.A. area.
California law prohibits using a prenuptial agreement to eliminate future child support or include terms that violate public policy. At Law Offices of Kenneth U. Reyes, APC, our lawyers guide clients on practical and strategic issues, including handling inheritances, gifts, jointly-acquired properties, and future growth in income or value. By thoroughly documenting intentions and expectations, you reduce the risk of disputes, litigation, or challenges to enforceability—providing clarity to both parties and minimizing future conflict.
Pursuant to Family Code §1612(c ),“ Parties to a premarital agreement may contract with respect to all of the following:(1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located. (2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property.(3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.(4) The making of a will, trust, or other arrangement to carry out the provisions of the agreement.(5) The ownership rights in and disposition of the death benefit from a life insurance policy.(6) The choice of law governing the construction of the agreement.(7) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty. However, the right of a child to support may not be adversely affected. Family Code §1612(b).
Under both the Uniform Premarital Agreement Act and prior law, the spouse claiming the agreement is invalid or not enforceable bears the burden of proof on that allegation. Family Code. § 1615(a); Marriage of Bonds, supra, 24 C4th at 27, 99 CR2d at 269; Marriage of Iverson (1992) 11 CA4th 1495, 1502, 15 CR2d 70, 74–75; However, the UPAA (as amended effective 1/1/02) deems that a premarital agreement was not executed voluntarily unless the court makes five prescribed findings provided for under Family Code. § 1615(c)
(1) The party against whom enforcement is sought was represented by independent legal counsel at the time of signing the agreement or, after being advised to seek independent legal counsel, expressly waived, in a separate writing, representation by independent legal counsel. The advisement to seek independent legal counsel shall be made at least seven calendar days before the final agreement is signed.
(2) One of the following:
(A) For an agreement executed between January 1, 2002, and January 1, 2020, the party against whom enforcement is sought had not less than seven calendar days between the time that party was first presented with the final agreement and advised to seek independent legal counsel and the time the agreement was signed. This requirement does not apply to nonsubstantive amendments that do not change the terms of the agreement.
(B) For an agreement executed on or after January 1, 2020, the party against whom enforcement is sought had not less than seven calendar days between the time that party was first presented with the final agreement and the time the agreement was signed, regardless of whether the party is represented by legal counsel. This requirement does not apply to nonsubstantive amendments that do not change the terms of the agreement.
(3) The party against whom enforcement is sought, if unrepresented by legal counsel, was fully informed of the terms and basic effect of the agreement as well as the rights and obligations the party was giving up by signing the agreement, and was proficient in the language in which the explanation of the party’s rights was conducted and in which the agreement was written. The explanation of the rights and obligations relinquished shall be memorialized in writing and delivered to the party prior to signing the agreement. The unrepresented party shall, on or before the signing of the premarital agreement, execute a document declaring that the party received the information required by this paragraph and indicating who provided that information.
(4) The agreement and the writings executed pursuant to paragraphs (1) and (3) were not executed under duress, fraud, or undue influence, and the parties did not lack capacity to enter into the agreement.
(5) Any other factors the court deems relevant.
A premarital agreement may be unenforceable if found to be unconscionable when it was executed and the requisite disclosures were lacking and not waived Additionally, a spousal support provision in a premarital agreement executed under the UPAA, whether before or after January 1, 2002, is not enforceable if found to be unconscionable at the time of enforcement. Family Code § 1612(c).
If you are the higher earning spouse and have assets to protect, it is important to seek the representation of experienced counsel in drafting a premarital agreement to make sure that all statutory requirement are met which increases the likelihood that your premarital agreement will be deemed enforceable when attacked in court in case of a divorce.
Frequently Asked Questions
What happens if my spouse or I don’t have an attorney for our prenup?
While it’s technically possible for one or both spouses to sign a prenuptial agreement without independent counsel, California law—and Los Angeles County family courts—place significant emphasis on both parties having separate legal representation. This protects both individuals and helps ensure the agreement is not later challenged for being unfair or lacking disclosure. If either party proceeds without an attorney, the court will more closely scrutinize the agreement for fairness, and specific disclosure requirements apply. For enforceability and peace of mind, we always recommend each spouse retains their own prenuptial agreement attorney in Los Angeles.
How long does the prenuptial agreement process take in Los Angeles?
The timeline for executing a prenuptial agreement in Los Angeles depends on your situation but typically spans several weeks to a few months. Factors include the complexity of your finances, whether separate attorneys are involved, how responsive each party is, and whether negotiations are needed. California requires each party to have at least seven days to review the final agreement before signing. To allow for thoughtful negotiation and ensure compliance with Los Angeles court expectations, we encourage clients to start the process well before their wedding date. At Law Offices of Kenneth U. Reyes, APC, our team streamlines the entire process to help minimize delays and provide clear milestones along the way.
Contactthe Law Offices of Kenneth U. Reyes, APC by calling (213) 798-4854 to schedule a consultation with a prenuptial agreement lawyer in Los Angeles today!
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