Prenup Lawyer in San Francisco

A prenuptial agreement is enforceable in California when it is in writing, signed voluntarily by both parties, and not unconscionable. California adds specific safeguards, including a seven-day waiting period, independent counsel, and fair financial disclosure. 

Planning a prenup can feel uncomfortable, especially when the wedding is the focus. For many couples, though, it is a practical conversation about what each person is bringing into the marriage and how they want to handle it.

Fenchel Family Law, PC drafts, negotiates, and reviews prenuptial agreements for clients across the San Francisco Bay Area. Many of our clients are founders, executives, and early employees who are marrying before a funding round, a vesting milestone, or a liquidity event.

Protect what you built and protect your kids, with counsel who understands both the cap table and the custody calendar. Book a complimentary case evaluation to start the conversation.

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How Does Fenchel Family Law, PC Help Prenup Clients in San Francisco?

Fenchel Family Law, PC helps San Francisco clients draft, negotiate, and review prenuptial agreements built around the assets they actually have and expect to build. We represent one party in each agreement, and we work alongside the other party’s independent counsel.

Many of our prenup clients are founders, executives, and early employees whose most important assets are still taking shape. We draft terms that address equity grants, founder stock, business growth, and future liquidity events in specific language. We also review company documents so the agreement fits within transfer restrictions and plan terms.

Our work on a prenup typically includes:

• Mapping each party’s current assets, debts, and expected equity
• Organizing financial disclosure so it is complete and documented
• Drafting or reviewing the agreement and negotiating revisions
• Coordinating with tax advisors and estate planning attorneys when needed
• Tracking timing so the seven-day waiting period is met without pressure near the wedding

Consultations take place by video, which makes the process easier to fit around work and wedding planning. We bill hourly against a retainer and discuss fees before you commit.

What Should You Do if Your Partner Asks You to Sign a Prenup?

If your partner asks you to sign a prenup, the first step is to get your own lawyer before you respond to the terms. The draft you received was written to protect your partner’s interests, and it may not reflect what California law would otherwise give you.

A careful review looks at what you would be giving up, not just what the agreement says. Questions to raise with your attorney include:

• Would the agreement waive your share of income, equity, or business growth during the marriage?
• Does it limit or waive spousal support, and would that still be fair years from now?
• Is your partner’s financial disclosure complete, including equity and business interests?
• Does the agreement address what happens if you pause your career to raise children?
• Are there terms you want to add to protect your own separate property?

Receiving a prenup does not mean accepting it as written. Many agreements go through several rounds of negotiation before both parties sign. Asking for changes is a normal part of the process, and it can make the final agreement stronger for both of you.

When Is a Prenup Enforceable in California?

A prenup is enforceable in California when both parties signed it voluntarily and it was not unconscionable when signed. Family Code Section 1615 sets out when an agreement fails, and it defines “voluntary” in detail.

Under that statute, a court will not find an agreement voluntary unless certain conditions are met.

The party challenging the agreement had independent counsel, or was advised to get counsel and waived it in a separate writing. At least seven calendar days passed between receiving the final agreement and signing it. The agreement was not signed under duress, fraud, or undue influence.

A party without a lawyer must also have been fully informed, in writing, of the terms and the rights being given up. That explanation must be in a language the party is proficient in.

Enforceability Checklist

The table below summarizes the core requirements and why each one matters.

How Does the Prenup Process Work?

The prenup process moves through a predictable set of steps, though the time each takes depends on the assets and the negotiation.

• An initial strategy session to understand goals, assets, and timing
• Gathering and exchanging financial disclosure
• A first draft prepared by one attorney and reviewed by the other
• Negotiation and revised drafts until both parties agree
• Delivery of the final agreement, followed by the seven-day waiting period
• Signing, and coordination with any estate planning documents

Keeping each step on a realistic calendar protects both parties and the agreement itself.

What Can a Prenup Include in California?

A prenup in California can address property rights, both before and during the marriage. That includes how assets and income will be characterized, managed, and divided if the marriage ends. It can also cover how property passes at death.

Common provisions include:

• How property each spouse owns before marriage will be treated
• Whether income, earnings, or growth during marriage will be separate or community property
• How a business, practice, or equity interest will be characterized and valued
• How debts brought into the marriage, or incurred during it, will be allocated
• Terms for spousal support, subject to the limits discussed below

A well-drafted agreement is specific. Vague language about “my business” or “my stock” often leads to the very disputes the agreement was meant to prevent.

How Can a Prenup Protect Equity, Stock Options, and a Business?

A prenup can set rules for how equity compensation and business interests will be treated, including grants and growth that have not happened yet. For founders and tech professionals, this is often the most important part of the agreement.

Without an agreement, California community property law can reach part of the value created through effort during marriage. That can include a portion of unvested grants and some of a separate business’s growth during marriage. A prenup lets the couple decide those questions in advance.

Issues we often address in an equity-heavy agreement include:

• Whether future grants, refreshes, and performance awards will be separate or community
• How founder shares with vesting or repurchase rights will be characterized
• How growth in a business owned before marriage will be treated
• What happens to value created by a liquidity event after the wedding
• How the other spouse’s contributions, if any, will be recognized

How Can a Prenup Address a Home in San Francisco?

A prenup can set rules for how a home will be owned, paid for, and divided, which matters in a market where one partner often contributes a large down payment. Without an agreement, California’s default rules decide those questions.

A home bought during marriage is generally presumed to be community property, even if one partner used separate funds for the down payment. That partner may have a right to reimbursement for the contribution under Family Code Section 2640. Reimbursement generally covers the amount contributed, not any appreciation. A written waiver can give up that right entirely.

A prenup lets the couple decide these terms in advance. Provisions can address:

• Whether a home will be separate, community, or owned in set percentages
• How a separate down payment will be credited, including any share of appreciation
• How mortgage payments, improvements, and property taxes will be treated
• What happens to the home if the marriage ends, including buyout terms

A home owned by one partner before marriage raises its own questions. Mortgage payments with marital earnings can create a community interest over time, and a prenup can define how that interest is handled.

What Can a Prenup Not Do in California?

A prenup cannot predetermine child custody or limit child support in California. It also cannot waive spousal support without meeting additional safeguards.

Here are the key limits:

• Child custody: Custody is decided based on the child’s best interest when the issue arises, so a prenup cannot lock in a parenting arrangement.
• Child support: Under Family Code Section 1612, a premarital agreement cannot adversely affect a child’s right to support.
• Spousal support: A support provision is unenforceable if the party giving up rights lacked independent counsel when signing, or if it is unconscionable when enforced.
• Illegal terms: A prenup cannot require anything that violates public policy or criminal law.

How Much Does a Prenup Cost, and How Long Does It Take?

The cost of a prenup depends mostly on complexity and how much negotiation is needed. A straightforward agreement between two people with modest assets costs far less than one involving a startup, several properties, or detailed support terms.

Factors that drive cost and timing include:

• The number and complexity of assets, especially private equity or business interests
• How much financial disclosure needs to be gathered and exchanged
• How many rounds of negotiation the two attorneys go through
• Whether either party needs valuation or tax input
• How close the wedding date is when the process starts

Our firm bills hourly against a retainer, and we discuss fees before you commit. For timing, we recommend starting several months before the wedding. That leaves room for disclosure, negotiation, and the seven-day waiting period without last-minute pressure, which can undermine voluntariness.

How Is a Prenup Different From a Postnup?

A prenup is signed before marriage, and a postnuptial agreement is signed after. Both can address similar property and support questions, but California law treats them differently.

Spouses owe each other fiduciary duties under Family Code Section 721. 

If a postnup gives one spouse an advantage, the law may presume undue influence. The advantaged spouse then has to show the agreement was fair and freely made.

Couples who missed the window before the wedding still have options. A postnup can be useful after a new business, an inheritance, a major grant, or a reconciliation. The standard for enforcement is different, so the drafting has to account for it.

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FAQ for Prenup Lawyer San Francisco

Take the Next Step Toward a Prenup

A strong prenup starts with time, clear disclosure, and advice that fits the assets involved. Starting early gives both of you room to negotiate without pressure.

Book a complimentary case evaluation with Fenchel Family Law, PC. Our team will learn about your situation and match you with the senior family law attorney best suited to your agreement.

Call (415) 498-1668 or reach us online to schedule your complimentary case evaluation.