Premarital Agreements
What will happen if things do not work out as planned?
Premarital Agreements in San Francisco & the Bay Area
Plan for Your Future with Confidence and Clarity
Discussing a premarital agreement — commonly called a prenuptial agreement or “prenup” — may not seem romantic, but it is one of the most practical and responsible steps a couple can take before marriage. A well-crafted agreement can clarify financial expectations, protect individual assets, and help both partners enter their marriage with trust and transparency. At Holstrom, Block & Parke, APLC, our San Francisco family law attorneys help clients throughout the Bay Area create and review premarital agreements that protect their interests while fostering healthy communication. With over 300 years of collective family law experience and multiple Certified Family Law Specialists, our team brings precision, fairness, and foresight to every agreement we draft.
Why Consider a Premarital Agreement?
A premarital agreement establishes how certain financial matters will be handled during and after marriage. It can help couples:
- Distinguish between separate and community property
- Define ownership of real estate, investments, or business interests
- Protect inheritances, gifts, or family assets
- Outline spousal support terms in the event of divorce
- Reduce potential conflict and litigation costs later on
A prenup is not a sign of mistrust — it’s a proactive way to ensure both partners’ financial security and peace of mind.
Enforceability of Prenuptial Agreements in California
Under California Family Code §1615, a prenuptial agreement must meet specific requirements to be considered valid and enforceable. It will not take effect unless both parties:
- Signed voluntarily, without coercion or pressure.
- Had full and fair disclosure of each other’s assets, debts, and financial obligations.
- Were either represented by independent legal counsel, or knowingly waived that right in writing.
A court may also refuse to enforce terms that are unconscionable or excessively one-sided at the time of signing. Importantly, prenuptial agreements cannot determine child custody or child support, as those matters are always decided based on the best interests of the child.
Our attorneys ensure that every premarital agreement is prepared in compliance with California law — safeguarding your interests and reducing the likelihood of future disputes.
Guiding Bay Area Couples Through the Prenup Process
Creating a prenuptial agreement is a collaborative process that benefits both partners when handled with care and professionalism. At Holstrom, Block & Parke, we take the time to understand your goals, explain your options clearly, and ensure the final agreement reflects your values and intentions. Whether you need help drafting a new agreement or reviewing one prepared by your partner’s attorney, we’re here to provide the experience, guidance, and discretion you deserve. Contact our San Francisco premarital agreement attorneys today to schedule a confidential consultation and take the next step toward a secure future together.
