California Prenup Checklist
A practical checklist for organizing your finances, goals, documents, counsel, and timeline before signing a California prenuptial agreement.
1. Start early
Know the wedding date and begin well before the statutory minimum. Build in time for disclosure, drafting, independent review, negotiation, revisions, and execution.
2. Gather financial documents
- Bank and brokerage statements
- Retirement statements
- Real estate and mortgage information
- Business and partnership records
- Trust or inheritance information where relevant
- Debt and loan statements
- Equity compensation and deferred compensation documents
- Recent tax returns when useful
3. Identify what you want the prenup to address
- Premarital property
- Future earnings and savings
- Businesses and appreciation
- Real estate purchased during marriage
- Debt and reimbursement rights
- Spousal support
- Estate-planning rights
- Financial responsibilities during marriage
4. Decide how each party will obtain legal advice
Independent counsel can help each party understand the rights affected by the agreement. California has specific counsel-related rules, particularly for spousal-support provisions.
5. Complete meaningful financial disclosure
Create clear schedules and gather enough supporting information to make the disclosure understandable. Complex assets may require additional documentation or professional input.
6. Leave time for real negotiation
A prenup should not be treated as a document one person simply hands to the other to sign. Allow time for questions, proposed changes, and informed decision-making.
7. Execute the agreement carefully
California execution and voluntariness requirements should be confirmed by counsel before signing. Do not rely on an online checklist as a substitute for legal review.
Frequently asked questions
How early should we start?
Earlier is better. Complex agreements often take weeks or longer, and California has a specific seven-calendar-day safeguard for many agreements.
Should we finish disclosure before the first draft?
At minimum, the financial picture should be organized early. The drafting and disclosure processes often develop together.
What should I bring to the first attorney meeting?
Bring the wedding date, a rough asset and debt inventory, business or trust information, your major goals, and any draft or term sheet already exchanged.
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