Modern prenup trends show that couples increasingly recognize marriage as both an emotional commitment and a financial partnership. This article examines how prenups serve as a financial roadmap, incorporating details from a recent CNN article that explains what prenups are and why a person might want one. In California, the conversation often begins with understanding that every married couple already has a prenup — it’s the California Family Code. The Family Code sets the default rules for income, property, debt, and division. A written prenup simply allows couples to create their own rules rather than relying on the statutory default.
Why More Couples Are Choosing Prenups
A recent survey found that one in five adults now signs a prenup before marriage. This increase reflects a shift toward open communication around major financial questions: Who pays the student loans? How will a home be financed? How should investments be structured? Couples are no longer solely focused on if something happens, but on how they want their marriage to function. Key motivations include:
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Marrying later in life with established assets or debt
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Entering blended families and wanting to protect children
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Managing unequal earning capacity or anticipated career breaks
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Preserving premarital businesses or intellectual property
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Establishing clear expectations about spending, saving, and investing
A Prenup Is Not a Divorce Plan — It’s a Marriage Plan
A major theme emphasized by the San Francisco Bar Association is that a prenup is not a plan for divorce — it is a plan for marriage. California spouses already owe each other fiduciary duties and already operate within a legal “community” created by the Family Code. A prenup simply personalizes how income will be earned, how debt will be paid, or how financial decisions will be made within that framework.
This marriage-focused approach is becoming a hallmark of modern prenup trends. Couples are encouraged to discuss:
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Whether one spouse may leave the workforce to raise children
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How retirement savings will be divided or maintained
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How a family home will be purchased or maintained
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How each person’s financial narrative or history impacts expectations
When couples articulate their intentions at the beginning, they often reduce uncertainty, minimize future conflict, and strengthen the trust needed for a long-lasting marriage.
What a California Prenup Typically Addresses
Because California is a community-property state, anything earned during the marriage presumptively belongs to both spouses. Without a prenup, the Family Code governs by default. With a prenup, couples can clarify:
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Characterization of community vs. separate income
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Responsibility for debt, including student loans
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Ownership of a premarital or jointly purchased home
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Expectations around savings, investments, and retirement accounts
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Business ownership or future entrepreneurial efforts
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Whether and how spousal support will be addressed (within lawful limits)
Requirements for an Enforceable California Prenup
California imposes several procedural safeguards to ensure fairness, including:
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full financial disclosure
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independent legal counsel or an express written waiver
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at least seven days to review the final agreement
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voluntary execution, free from pressure
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conscionable terms, meaning not unreasonably one-sided
How Modern Prenup Trends Are Changing the Conversation
Couples today are increasingly comfortable discussing the economics of marriage. Modern prenup trends show that people:
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Want transparency rather than guesswork
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Are more financially literate and proactive
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Recognize the importance of joint expectations around money
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Understand that equal protection can benefit both the more-resourced and less-resourced spouse
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See prenups as a collaborative tool rather than a confrontation
Working With an Experienced Family Law Attorney
A prenup lets couples personalize California’s default rules and set clear financial expectations. It isn’t a sign of mistrust—it’s a tool for clarity, communication, and intentional planning. With modern prenup trends on the rise, a well-crafted agreement can support transparency and partnership. The Law Offices of David Knecht can help you create a prenup that reflects your goals and complies with California law. Contact us today at (707) 451-4502. Proudly serving clients in Vacaville, Fairfield, and the surrounding Northern California communities.
